Category: Insurance Claims

Failure to Allege Property Damage Within Policy Period Defeats Insured’s Claim

Tred R. Eyerly | Insurance Law Hawaii     The insured’s inability to determine when water damage occurred meant it could not pursue claims of property damage against the insurers. Creek v. State Farm Fire & Cas. Co., 2022 U.S. Dist. LEXIS 116939 (W.D. Wash. July 1, 2022).      Gold Creek Condominium complex experienced water… Continue reading Failure to Allege Property Damage Within Policy Period Defeats Insured’s Claim

Is the Event you are Claiming as Unforeseeable Delay Really Unforeseeable?

David Adelstein | Florida Construction Legal Updates Is the item or event you are claiming as an unforeseeable, excusable delay really unforeseeable?  This is not a trick question. Just because your construction contract identifies items or events that constitute unforeseeable, excusable delay does not mean those items can be used as a blanket excuse or crutch for… Continue reading Is the Event you are Claiming as Unforeseeable Delay Really Unforeseeable?

Contractors Should be Aware of Homeowner Duties When Invited to Perform Residential Work

Joshua Lane | Ahlers Cressman & Sleight Division 2 of the Court of Appeals[1] recently addressed a property owner’s liability to a contractor who is injured performing work on their property. The action arose from an incident in which Virgil Mihaila, a remodeling contractor, fell from a ladder while installing a new roof on the Troths’… Continue reading Contractors Should be Aware of Homeowner Duties When Invited to Perform Residential Work

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)