Caryn Fuller and Daniel Kwon | HKA Claims and disputes in the engineering and construction sectors are often not incidental disruptions – they can create significant obstacles that threaten to derail even the most meticulously planned projects. These disruptions can amplify costs, jeopardise profitability and challenge organisational stability. To explain the impact of project-related claims… Continue reading Construction Disputes: The Cost of Conflict: Drivers of Construction Disputes in the United States
Category: Insurance Claims
Shared Goals, Superior Results: Using CIAs to Minimize Disputes and Unlock Value in Construction Claims
Tim Hampson | Ankura Large construction projects often involve layered contractual relationships, pass‑through claims, and competing commercial interests. When disputes arise, the default approach is frequently adversarial — prime contractors and subcontractors pursue parallel or competing claims, often against each other as much as against the owner. While familiar, this “fight it out” model tends… Continue reading Shared Goals, Superior Results: Using CIAs to Minimize Disputes and Unlock Value in Construction Claims
Property Insurance Claims and How to Prove Causation
Advise & Consult, Inc. A recurring issue in property insurance litigation warrants closer attention. Policyholders—and at times their representatives—often believe they understand the cause of a loss. The sequence of events appears to align. The damage is evident. The explanation seems reasonable. However, in litigation, outcomes are not determined by what appears logical. They are… Continue reading Property Insurance Claims and How to Prove Causation
The Fires Next Time: State Wildfire Liability Limitations for Utilities
Thomas Dawson | McDermott Will & Schulte Following the wildfires of recent years, many states west of the Mississippi River have considered (and multiple states have now adopted) legislation to limit the liability of utilities for bodily injury and property damage caused by wildfires that might have been ignited by utility-owned equipment. Most commonly, legislation… Continue reading The Fires Next Time: State Wildfire Liability Limitations for Utilities
Mitigation of Damages in Construction Defect Claims: Applying Florida’s Avoidable Consequences Doctrine
Caroline Claire Turtle | Wilson Elser BackgroundA roofer for a sixty-five-townhome community is notified that the homeowners association of the townhome community has filed a claim alleging construction defects and resulting property damage related to the roofer’s scope of work. In the period between completion of the roofing work and the commencement of litigation, evidence… Continue reading Mitigation of Damages in Construction Defect Claims: Applying Florida’s Avoidable Consequences Doctrine