Frederick E. Hedberg and William A. Stoll | High Profile After a public hearing held on March 6, House Bill No. 6826, An Act Concerning Liability for False and Fraudulent Claims was voted out of committee by a wide margin, and then added to the House Calendar on March 28. This bill expands the scope… Continue reading Will the Connecticut Legislature Ignore the Construction Industry and Expand the False Claims Act?
Category: Construction Claims
Another Judicial Reminder for Policyholders to Carefully Review Policy Language and Provide Timely Notice of a “Claim”
Stephen Foresta, Aaron Jaroff and Lee Royster | McGuireWoods Insurance policies invariably require insureds to submit timely written notice of a “Claim” made by third parties to obtain coverage from the insurer. A recent decision from the United States District Court for the Southern District of New York is yet another reminder that insureds need… Continue reading Another Judicial Reminder for Policyholders to Carefully Review Policy Language and Provide Timely Notice of a “Claim”
Damages in Construction Claims: Are “Actual Costs” Actually Required?
Ronald Espinal | Bradley Arant Boult Cummings The golden standard for the measure of damages in a construction case alleging defective or incomplete work are the actual costs of completion or repair. That is to say, if there is a breach (or multiple breaches) of quality or quantity promises in a construction contract, each dollar… Continue reading Damages in Construction Claims: Are “Actual Costs” Actually Required?
New California Time-Limited Demand Statute for Insurance Claims Effective Now
Chad W. Dunham | PropertyCasualtyFocus In an effort to promote early resolution of claims and remove ambiguity in bad faith litigation, the California legislature recently passed Senate Bill 1155. Effective January 1, 2023, the bill creates California Code of Civil Procedure Section 999 et seq., a set of rules detailing form requirements for time-limited demands, demand… Continue reading New California Time-Limited Demand Statute for Insurance Claims Effective Now
Global Claims – Are They Worth The Paper They Are Written On?
Clive Holloway | FTI Consulting This article considers the following questions: What is a global claim? How and why do global claims arise? What are the strengths and weaknesses of a global claim? In what situations are global claims appropriate? and can global claims succeed? What Is a Global Claim? As an accomplished construction professional… Continue reading Global Claims – Are They Worth The Paper They Are Written On?