Daniel Lund III | Phelps Dunbar The Supreme Court of South Dakota says that (in certain circumstances) you need to be. That court wrangled with the evidentiary requirements for professional negligence and breach of contract claims arising from the construction of a clinical research facility in Brookings, South Dakota. The general contractor on the project… Continue reading Forget Fifth Graders — Are You Smarter Than a CEO?
Five Critical Construction Contract Provisions Every Project Owner Should Consider
Danyel P. Rickman and Jada M. Colon | Taft As a project owner, a well-drafted construction contract serves not only as your roadmap for project execution, but also as your first line of defense – or offense – in case of a dispute with a contractor.1 Contract provisions can provide avenues for recourse, shift liability, and… Continue reading Five Critical Construction Contract Provisions Every Project Owner Should Consider
Ambiguities Bite Back: Second Circuit Reaffirms Commitment to Construing Ambiguous Terms in Favor of Coverage
Arthur Armstrong and Alexander Corson | Lowenstein Sandler The Second Circuit’s recent decision affirming a $54.2 million recovery for CITGO signals the judiciary’s renewed commitment to a bedrock principle of insurance law: Ambiguous policy language must be construed in favor of coverage. This rule of construction recognizes that insurance policies are risk-transfer products underwritten and… Continue reading Ambiguities Bite Back: Second Circuit Reaffirms Commitment to Construing Ambiguous Terms in Favor of Coverage
The Wildfire Litigation Series: Part 3 — Resolving Complex Wildfire Claims
Xavier Oustalniol, Kristofer Buchan and Kimberly Ratto | Stone Turn The final installment of our Wildfire Litigation Series addresses the resolution of complex wildfire claims. This phase moves beyond assessment and into structured compensation processes designed to help victims, communities, and businesses rebuild. The article highlights how trust structures, expert guidance, and tailored methodologies provide… Continue reading The Wildfire Litigation Series: Part 3 — Resolving Complex Wildfire Claims
9204 Meet 8850. Public Works Claims Processes Now Apply to Private Works, With Some Differences
Garret Murai | California Construction Law Blog Contractors working on public works projects are likely familiar with the statutory claims resolution process under Public Contract Code section 9204. Section 9204, which went into effect in 2017, and which has been amended a couple of times since, provides a claims resolution process for public works projects with… Continue reading 9204 Meet 8850. Public Works Claims Processes Now Apply to Private Works, With Some Differences