Luke Nicholas Eaton | Pepper Hamilton LLP | October 11, 2018 Randy Kinder Excavating, Inc. v. JA Manning Constr. Co. 2018 U.S. App. LEXIS 21878 (8th Cir. Aug. 7, 2018) This dispute arose from a contract to build a pumping station in Arkansas (the “Project”). In June of 2010, the U.S. Army Corps of Engineers… Continue reading General Contractor’s Unjustified Threats to Assess Delay Damages Against Subcontractor are a Material Breach of Contract
Tag: Advise & Consult
Critical Issues to a Determination of Coverage and Effective Reservation of Rights
Cheryl D. Shoun | Nexsen Pruet | October 9, 2018 Faced with cross motions for summary judgment in a declaratory judgment action seeking coverage determination, the United States District Court for South Carolina recently employed exacting scrutiny in its analysis of the policies, the reservation of rights letters and the parties’ respective positions. Stoneledge at Lake… Continue reading Critical Issues to a Determination of Coverage and Effective Reservation of Rights
Are Property Insurance Appraisers Regulated? – A Reminder of Recently Enacted HB 911 for Those Heading to Florida to Assist with Hurricane Michael
Deborah Trotter | Property Insurance Coverage Law Blog | October 12, 2018 House Bill 911, effective January 1, 2018, was filed by Representative Sean Shaw and enacted by the Florida Legislature to amend Fla. Stat. § 626.854, which protects policyholders through the regulation of public adjusters. Chip Merlin discussed this new law in detail in his post on… Continue reading Are Property Insurance Appraisers Regulated? – A Reminder of Recently Enacted HB 911 for Those Heading to Florida to Assist with Hurricane Michael
Changes and Extra Work – Is There a Limit?
Joseph R. Young | Smith Currie | October 1, 2018 Design and construction changes can be a challenge for everyone involved in a construction project. Designers and contractors endeavor to deliver a project that meets the owner’s needs, budget, and aesthetic considerations. As a project comes to fruition, the project frequently changes, and the parties… Continue reading Changes and Extra Work – Is There a Limit?
Teaching An Old Dog New Tricks: The Spearin Doctrine and Design-Build Projects
John Castro | Gordon Rees Scully Mansukhani | October 5, 2018 The United States District Court for the Southern District of California has now held that the Spearin doctrine applies to design-build subcontractors where the subcontractor is expected to design a portion of their work. The case is United States for the use and benefit of Bonita Pipeline,… Continue reading Teaching An Old Dog New Tricks: The Spearin Doctrine and Design-Build Projects