Robert J. Symon and Owen E. Salyers | BuildSmart Historically, the Boards of Contract Appeals and Courts have reviewed design-builders’ reliance on government-provided conceptual drawings or bridging documents in support of constructive change claims under a reasonableness standard (see M. A. Mortensen Company, ASBCA No. 39978, 93-3 BCA ¶ 26,189). However, in two recent cases, the Spearin doctrine… Continue reading Bidders Beware! Design-Builders Are at Risk Not Only for Defective Design Documents, But Possibly for Defective Bidding Documents, Too
Insured’s Challenge to Use of Xactimate Software to Determine Repair Costs for Damage Fails
Tred R. Eyerly | Insurance Law Hawaii The insurer’s motion for summary judgment to dismiss the insured’s complaint challenging the use of Xactimate to determine the repair costs for fire damage was granted. Belotti v. State Farm Fire & Cas. Co., 2025 U.S. Dist. LEXIS 54471 (M.D. Pa. March 25, 2025). Plaintiffs’… Continue reading Insured’s Challenge to Use of Xactimate Software to Determine Repair Costs for Damage Fails
Construction Liability and Insurance: How State Law Shapes Policy Exclusions
Jose A. Aquino | Duane Morris The Arkansas Court of Appeals recently issued a ruling determining that insurance coverage must be provided for both defense and indemnification in a dispute arising from faulty workmanship during flooring installation. The decision, in Nationwide Mutual Insurance Co. v. NWA Restore-It, Inc., 2025 Ark. App. 218, 710 S.W.3d 475 (Ark.… Continue reading Construction Liability and Insurance: How State Law Shapes Policy Exclusions
Supreme Court Clarifies Fraudulent-Inducement Theory Under Wire Fraud Statute in Kousisis v. United States
Margaret Clark, Megan Manoj, Alicia Pitts and Joe Valenti | Saul Ewing Case Summary In Kousisis v. United States, the Supreme Court addressed whether a defendant can be convicted under the federal wire fraud statute without causing the victim a net pecuniary loss. The case involved Stamatios Kousisis (“Kousisis”) and the industrial painting company he helped… Continue reading Supreme Court Clarifies Fraudulent-Inducement Theory Under Wire Fraud Statute in Kousisis v. United States
Understanding the Metropolitan Washington Airports Authority Bid Protest Procedures
Aron C. Beezley, Nathaniel J. Greeson and Charles F. Blanchard | BuildSmart When participating in a government procurement process, understanding the rules governing bid protests is crucial. For contractors engaging with the Metropolitan Washington Airports Authority (MWAA), strict procedural guidelines must be followed to challenge a solicitation, evaluation, or contract award. Here’s what you need… Continue reading Understanding the Metropolitan Washington Airports Authority Bid Protest Procedures