Lindsay McCormick | Marshall Dennehey It has been well-settled in Florida that the proper measure of damages for a breach of contract claim is calculated as of the date of the breach. In terms of a construction defect claim, it is the date the construction defect occurred. Yet, we routinely see plaintiffs including significant markups… Continue reading Florida Courts Reaffirm Damages Must Be Calculated as of Date of Breach in Construction Defect Cases
Tag: Advise & Consult
When Logic Doesn’t Matter: Why ‘Irrational’ Isn’t a Ground to Overturn an Arbitration Award in Tennessee
Matthew DeVries | Best Practice Construction Law Arbitration has long been viewed as a faster, more efficient alternative to litigation. But anyone involved in construction disputes today knows that is not always the case. The process can be just as costly, sometimes taking as long as a court case. Yet one thing remains consistent, and… Continue reading When Logic Doesn’t Matter: Why ‘Irrational’ Isn’t a Ground to Overturn an Arbitration Award in Tennessee
Seventh Circuit Confirms that Appraisers May Determine Cause of Loss in Addition to Amount of Loss
Tred R. Eyerly | Insurance Law Hawaii The Seventh Circuit affirmed the district court’s ruling that the appraisers appointed under the policy provisions to establish the amount of loss could also find the cause of the loss. Mesco Manufacturing, LLC v. Motorists Mut. Ins. Co., 2025 U.S. App. LEXIS 18598 (7th Cir. July 25,… Continue reading Seventh Circuit Confirms that Appraisers May Determine Cause of Loss in Addition to Amount of Loss
The Clause That Can Cost The Most If You Get It Wrong
Erika Levin, Ari Stern and Samantha Kunin | Fox Rothschild Why strategic drafting of dispute resolution clauses is essential in high-stakes dealmaking The most expensive clause in a contract may be the one nobody notices until a substantial disagreement arises — the dispute resolution clause. A poorly chosen forum or process can add years of… Continue reading The Clause That Can Cost The Most If You Get It Wrong
From Assistive To Autonomous: The Next Steps In Construction’s Al Journey
Pankaj Bhagat and Naman Gupta | Alvarez and Marsal A revolutionizing industries worldwide, yet construction – held back by fragmented adoption and siloed digital tools continues to trail behind. While many firms have experimented with foundational and generative Al (GenAI), scaling beyond isolated use cases remains a challenge. Illustrating the same, recent research found that… Continue reading From Assistive To Autonomous: The Next Steps In Construction’s Al Journey