William Besl, Jr. | Wiley Rein The Delaware Superior Court has held that a professional services exclusion and a contract exclusion in a D&O policy do not bar coverage for a False Claims Act settlement. Guaranteed Rate, Inc. v. ACE Am. Ins. Co., 2022 WL 4088596 (Del. Super. Ct. Aug. 24, 2022). The court also held… Continue reading Professional Services and Contract Exclusions Do Not Bar Coverage for Settlement of False Claims Act Investigation
Consider Anti-Indemnity Statutes When Transferring Risks for Design Contracts
Marcus R. Tucker | Phelps Dunbar Design contracts, including contracts between the project owner and the design professional, often contain risk transfer provisions such as contractual indemnity and insurance provisions. The parties to the contracts must be aware of the state law anti-indemnity statutes that can void or impact the risk transfer scheme. In Texas,… Continue reading Consider Anti-Indemnity Statutes When Transferring Risks for Design Contracts
New Proposed Rule Would Require Project Labor Agreements With Unions On “Large-Scale” Federal Construction Projects
Suzanne Sumner and Stephen G. Darby | Taft Stettinius & Hollister On Aug. 19, the Federal Acquisition Regulatory Council (FAR Council) proposed a rule to require labor agreements with unions on “large-scale” federal construction projects. This proposed rule, if finalized, would mandate the use of project labor agreements (PLAs) for federal construction projects that have a total… Continue reading New Proposed Rule Would Require Project Labor Agreements With Unions On “Large-Scale” Federal Construction Projects
Five Construction Payment Issues—and Solutions
Michael Bignold | Construction Executive Sales are important for construction companies that want to succeed. However, while companies certainly need to spend time on sales and marketing, having a full order book is only part of the equation. They still need to do the work and, even more importantly, they need to be able to… Continue reading Five Construction Payment Issues—and Solutions
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?