Jeffrey Haber | Freiberger Haber In Gamma USA, Inc. v. Pavarini McGovern, LLC, 2026 N.Y. Slip Op. 05237 (1st Dept. September 10, 2026), the Appellate Division, First Department, addressed the interplay between pass-through claims, liquidating agreements, liquidated damages provisions, and consequential damages waivers in complex construction disputes. The Court held that a subcontractor could not… Continue reading Court Enforces Liquidated Damages Cap and Consequential Damages Waiver in Pass-Through Claim
Tag: Advise & Consult
Mechanics’ Liens In Tennessee: Common Mistakes That Can Jeopardize Lien Rights
Anny Murphy | Stites & Harbison When a construction project goes sideways, a mechanic’s lien can be one of the most powerful tools available to secure payment. Tennessee law provides contractors, subcontractors, suppliers, and other project participants with lien rights, but those rights must be carefully preserved. Tennessee’s statutes establish detailed requirements governing perfection, enforcement,… Continue reading Mechanics’ Liens In Tennessee: Common Mistakes That Can Jeopardize Lien Rights
When Two Words Do Not Necessarily Do Two Jobs: Legal Doublets and Surplusage in Insurance Policies
Andrea DeField and Alex D. Pappas | Hunton Andrews Kurth “Loss or damage.” “Caused by or resulting from.” “Faulty, inadequate or defective.” “Direct physical loss of or damage to.” In coverage litigation, phrases like these can launch a familiar argument: if an insurance policy uses two different words, each must mean something different. Otherwise, one… Continue reading When Two Words Do Not Necessarily Do Two Jobs: Legal Doublets and Surplusage in Insurance Policies
What I’ve Learned in Complex Construction Cases
Jennifer Grippa | Miles Mediation & Arbitration After 10 years of arbitrating and mediating hundreds of construction disputes, I have learned that no two cases are exactly the same. Projects change, parties change and issues can range from relatively straightforward payment disputes to extraordinarily complicated questions involving design, delay, defects, scheduling and damages. Certain patterns… Continue reading What I’ve Learned in Complex Construction Cases
Think Twice Before Submitting a Confidential Mediation Brief
Matt White | JAMS Why sharing your arguments before mediation can strengthen your position and improve the prospect of settlement We live in a deeply divided world. People struggle to agree on basic facts, such as the effectiveness of vaccines, the outcomes of elections and the role of humans in climate change. But there is… Continue reading Think Twice Before Submitting a Confidential Mediation Brief