Category: Construction Claims

YOLO: CBCA Finds that a Contractor Cannot Revive Its Expired Appeal Rights by Resubmitting a Claim

Stephen J. McBrady, Michelle D. Coleman, Amanda H. McDowell and Zariah T. Altman | Crowell & Moring On April 6, 2023, the Civilian Board of Contract Appeals (CBCA), in BES Design/Build, LLC, CBCA 7585, dismissed a contractor’s appeal for lack of jurisdiction, finding the appeal untimely, and underscoring that a contractor cannot reset the 90-day appeal… Continue reading YOLO: CBCA Finds that a Contractor Cannot Revive Its Expired Appeal Rights by Resubmitting a Claim

Client Alert: Florida Enacts Statute of Repose Reform Bill for Design and Construction Defects

Brett M. Henson | Shumaker Loop & Kendrick On April 13, 2023, Governor Ron DeSantis signed into law SB 360 (Chapter 2023-22, Laws of Florida), which shortens the time period for bringing design and construction defect claims, clarifies the application of these time periods on multi-building projects, and adds a “materiality” required to statutory claims… Continue reading Client Alert: Florida Enacts Statute of Repose Reform Bill for Design and Construction Defects

Preserve Your Claims by Preserving the Evidence

John Mark Goodman | BuildSmart A recent case out of Washington serves as a good reminder to preserve evidence that may be relevant to pending or future litigation. That includes not only evidence in the form of documents and electronic information, but also physical evidence. In Seattle Tunnel Partners, 2023 WL 2856616 (Wash. Ct. App. April 10,… Continue reading Preserve Your Claims by Preserving the Evidence

Will the Connecticut Legislature Ignore the Construction Industry and Expand the False Claims Act?

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?

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”