Cormac Connor, Todd Gee and Kip Randall | Husch Blackwell Construction companies working on projects that involve federal funds are typically aware that they can be at risk of False Claims Act (FCA) suits for inaccurate billing or false statements about construction quality. The Department of Justice (DOJ) has broadened its FCA focus beyond those… Continue reading Construction Sector Compliance and Reporting Certifications: Evolving False Claims Act Liability
What’s the Scope? First Department Dismisses Indemnification Claim Because Work Never Defined in Contract
Artie W. Venti | Ropers Majeski In Juarez v. Avacon Management LLC d/b/a Avacon Builders Developers (2026), the First Department affirmed the lower court’s dismissal of the contractual indemnification claim where the scope of the subcontractor’s work was “never defined.” The plaintiff was an employee of the subcontractor Skittles Services Corp., who was injured when… Continue reading What’s the Scope? First Department Dismisses Indemnification Claim Because Work Never Defined in Contract
Classic Mediators’ Proposals Are Alive and Well
American Arbitration Association The ABA’s recent Ethics Opinion No. 518 has sparked a discussion about how, if at all, it may restrict the use of mediators’ proposals. My estimable colleague Jeff Kichaven has argued that the Opinion, and other ethical rules or standards, prohibit all but one form of a mediator’s proposal.[1] Because I fear… Continue reading Classic Mediators’ Proposals Are Alive and Well
Eleventh Court to Clarify What Counts as Actual Cash Value
Advise & Consult, Inc. The legal debate surrounding the definition of Actual Cash Value (ACV) in commercial property insurance has escalated to the Eleventh Circuit Court of Appeals (The Breakwater Commons Association, Inc. v. Empire Indemnity Insurance Company, Case No. 26-12548). At issue is whether insurers can unilaterally reclassify portions of a binding appraisal award—specifically… Continue reading Eleventh Court to Clarify What Counts as Actual Cash Value
When Arbitrators Overreach: Utah Supreme Court Trims an Award Built on an Unpled Claim
Mark Morris and Tyson Prisbrey | Snell & Wilmer Construction industry participants have long favored arbitration to resolve disputes, prizing its speed, confidentiality, and finality over traditional litigation. That finality, however, depends on arbitrators staying within the bounds of what the parties actually put before them. In RV Holdings 4, LLC, et al. v. Standard… Continue reading When Arbitrators Overreach: Utah Supreme Court Trims an Award Built on an Unpled Claim