Andrea C. Faverio | The CLM How pre-suit under-disclosure in construction-defect cases prejudices contractors In 2003, the Florida Legislature enacted Chapter 558 Florida Statutes, with the stated goal of “hav[ing] an alternative method to resolve construction disputes that would reduce the need for litigation as well as protect the rights of property owners.” (See Ch.… Continue reading Stuck Between Concrete and Rebar
Tag: Advise & Consult
When Algorithms Deny: AI and the New Frontier of Bad Faith
Tiffany Bustamante and Abigail Horvat | Cozen O’Connor As industries across the board adopt artificial intelligence (AI), insurers have likewise recognized its potential to enhance efficiency in claims administration. Yet with this opportunity comes tension: consumers expect both swift resolution of claims and individualized attention. AI can help insurers meet those expectations, but if implemented… Continue reading When Algorithms Deny: AI and the New Frontier of Bad Faith
Contingent Payment Clause Held Unenforceable Due to Unfairness
Amy Wolfshohl | Porter Hedges Contingent payment clauses are often used in connection with contracts between general contractors and subcontractors or subcontractors and lower tiered subcontractors. Essentially, this type of clause provides that a general contractor does not owe a subcontractor unless the owner has paid the general contractor for the amounts due to the… Continue reading Contingent Payment Clause Held Unenforceable Due to Unfairness
OP-ED: Pros and Cons of Arbitration Clauses in Construction Contracts
Amanda Kohls and Tab Wood | Schwabe, Williamson & Wyatt Mandatory arbitration clauses are increasingly common in construction contracts. Arbitration, sometimes referred to as “trial-light,” is a judicial process where an arbitrator (usually a lawyer or a former judge) receives evidence, hears from witnesses, and makes a binding decision resolving the dispute. Before signing a… Continue reading OP-ED: Pros and Cons of Arbitration Clauses in Construction Contracts
Well-Insulated: Predict the Unpredictable Construction Costs
Jill Masur | Construction Executive Contractors may need to revisit some of the processes in their accounting and financial operations. Here are six strategies for construction companies to insulate against cost increases and mitigate financial risks. It’s clear that, at least for the next year or more, the construction industry can expect unpredictable cost variations.… Continue reading Well-Insulated: Predict the Unpredictable Construction Costs