Zachary Davis | Stoel Rives Since the Oval Office transition in January – and the rapid shifts in law, policy, and economic uncertainty that followed – my colleagues and I frequently field a variation of the same question: Is this a force majeure under my contract? Most often, the answer is not nearly as straightforward… Continue reading Understanding Contractual Remedies and Principles in Uncertain Times
Understanding “Beginning of Construction” Provisions Within the One, Big, Beautiful Bill Framework
Doug Jones and Jacob Stephens | Husch Blackwell Under the Senate Finance Committee’s June 28th version of the One, Big, Beautiful Bill (the “Bill”), there are several limitations and requirements that would take effect based on the date a project begins construction. For solar and wind projects, unless construction begins prior to enactment of the Bill,… Continue reading Understanding “Beginning of Construction” Provisions Within the One, Big, Beautiful Bill Framework
Iowa Supreme Court Reaffirms Rule That Faulty Workmanship Is Not an Occurrence, Leaving Question of Statutory Fraud for Another Day
Dylan Magruder | Carlton Fields In Dostart v. Columbia Insurance Group, the Iowa Supreme Court reaffirmed the rule — in Iowa, and many other jurisdictions — that faulty workmanship by a contractor does not constitute an “occurrence” as defined in a standard commercial general liability (CGL) policy. And the court extended this rule to damages caused… Continue reading Iowa Supreme Court Reaffirms Rule That Faulty Workmanship Is Not an Occurrence, Leaving Question of Statutory Fraud for Another Day
No Second Chance: Colorado Court of Appeals Bars Indemnity Claim Under Doctrine of Claim Preclusion
Gail Gudder | Higgins, Hopkins, McLain & Roswell A cautionary tale for contractors and their counsel: if you dismiss an indemnity claim with prejudice, do not expect a do-over. In Layton Construction Co. v. Shaw Contract Flooring Services, Inc., 409 P.3d 602 (Colo. App. 2016), the Colorado Court of Appeals reaffirmed the reach of claim preclusion… Continue reading No Second Chance: Colorado Court of Appeals Bars Indemnity Claim Under Doctrine of Claim Preclusion
Rightfully Recovering Under A Coblentz Agreement
David Adelstein | Florida Construction Legal Updates A recent case out of the Middle District of Florida, The Peninsula at St. John’s Center Condominium Association, Inc. v. Amerisure Ins. Co., 2025 WL 1547631 (M.D.Fla. 2025) discusses what a party must do to RIGHTFULLY recover under a Coblentz agreement under Florida law: “In Florida, a party seeking to recover under… Continue reading Rightfully Recovering Under A Coblentz Agreement