Jillian Friess Leivas | Nossaman When public projects are being constructed, surrounding property owners typically experience construction impacts, such as noise, dust, fumes, vibration, and road detours. Typically, absent a physical taking of property, those construction impacts are not compensable under an inverse condemnation claim unless the property owner experiences a direct, substantial, and peculiar… Continue reading An Inverse Condemnation Claim Arising From A Public Project’s General Construction Activities Requires A Unique, Peculiar, And Substantial Impact To Property
Category: Construction Claims
You Are on Notice: Failure to Comply With Contractual Notice Provisions Can Be Fatal to Your Claim
Jenifer B. Minsky | ConsensusDocs Imagine your firm is the construction manager on a multi-million-dollar project. At the end of the project you are five million dollars out-of-pocket. You have a stack of claims for additional and extended work which led to the overrun, payment for which will easily cover the shortfall. However, the owner… Continue reading You Are on Notice: Failure to Comply With Contractual Notice Provisions Can Be Fatal to Your Claim
Construction Picks Up Post-COVID and So Do Claims (and A Construction Lawyer Can Help)
Christopher G. Hill | Construction Law Musings I’m a construction attorney and proud to be one. Over the past couple of years, my expertise (and that of my fellow members of the Virginia construction bar) has been challenged by everything from COVID-related shutdowns to supply chain issues to unanticipated price increases. With each of these obstacles placed in front of my… Continue reading Construction Picks Up Post-COVID and So Do Claims (and A Construction Lawyer Can Help)
Presenting a “Total Time” Delay Claim is Not Sufficient
David Adelstein | Florida Cosntruction Legal Updates When presenting a delay-type of claim on a construction project, a claimant MUST be in a position to properly PROVE the claim. Trying to present a delay claim loosey-goosey is not a recipe for success. In fact, it can be a recipe for an easy loss. This is not what… Continue reading Presenting a “Total Time” Delay Claim is Not Sufficient
Court Holds Second Roofing Contractor Did Not Interfere with First Roofing Contractor’s Contract By Submitting Bid for Same Work
Jason S. Lambert | Dinsmore & Shohl At the end of July, the 11th Circuit Court of Appeals affirmed the dismissal of a roofing contractor’s complaint against another roofing contractor for allegedly interfering with its contract with a condominium association for roof repairs relating to Hurricane Irma. The case illustrates the importance of timing and… Continue reading Court Holds Second Roofing Contractor Did Not Interfere with First Roofing Contractor’s Contract By Submitting Bid for Same Work