Robert Banner | Tarter Krinsky & Drogin Judge Andrea Masley of the Supreme Court of New York County rendered a decision in Bldg 44 Developers LLC. v. The Pace Companies of New York LLC, which is highly significant in the area of construction law for two reasons: The first is that it clarifies, in the… Continue reading Consequential Damages: Contract Language Is Key
Tag: Advise & Consult
Court Interprets “Completion” of a Project Under Builder’s Risk Insurance
Joshua Tumen | Cozen O’Connor In Luke, Inc. v. Berkley National Insurance Company, 2025 WL 2210783 (W.D. Tenn. 2025), the United States District Court for the Western District of Tennessee determined that the “completion” of a construction project for purposes of coverage under a builder’s risk policy concerned the permanent physical elements of the structure, and… Continue reading Court Interprets “Completion” of a Project Under Builder’s Risk Insurance
Allocation of Risk in Construction Contracts
Randa Adra, Joshua Lindsay, Edmund Northcott and Evelien Van Espen | Global Arbitration Review Introduction Construction contracts not only define project scope, price and timeline, but crucially allocate risks between parties. Effective risk allocation – covering issues like cost overruns, design errors, unforeseen conditions and delays – is essential for project success and dispute avoidance.… Continue reading Allocation of Risk in Construction Contracts
The Contingent Duty to Indemnify
Timothy P. Law | Reed Smith An insurance company’s defense obligation carries with it a conditional obligation to indemnify in the event the policyholder is held liable for a claim covered by the policy. When a case is resolved by settlement, prior to findings of fact on which an analysis of coverage could be based,… Continue reading The Contingent Duty to Indemnify
One Size Doesn’t Fit All: Customizing Dispute Resolution For Commercial Contracts
Jonathan W. Fitch | JAMS Dispute resolution clauses are independent agreements within a contract and often do not get the attention they deserve. When drafting a complex agreement, it may be difficult to shift gears and imagine the problems that may arise in performance and the best way to deal with them. A court proceeding… Continue reading One Size Doesn’t Fit All: Customizing Dispute Resolution For Commercial Contracts