John Mark Goodman | BuildSmart The general contractor on the 60-turbine wind farm project in Good Hope, Illinois, is entitled to collect a whopping $1 on its cost-to-complete claim against its terminated subcontractor. We previously reported on the court’s entry of summary judgment in favor of the general contractor, Black and Veatch Construction (BVCI), here and here. That order… Continue reading Court Affirms $1 Nominal Damage Award in Wind Farm Construction Dispute
Tag: Breach of Contract
Quick Tip: Don’t Indemnify for Breach of Contract
Christopher G. Hill | Construction Law Musings Every contractor or subcontractor has seen that indemnification language in a contract that states that the indemnifying party will indemnify the contractor, owner, architect, owner representative (and likely to dog walker, though I’m unclear on that one) for any claim relating to the indemnifying parties actions to include any breach… Continue reading Quick Tip: Don’t Indemnify for Breach of Contract
In Bad Faith: Understanding Bad Faith Claims and Policyholder Protection
Eric Jesse and Alexander B. Corson | Lowenstein Sandler Listen to the podcast In this episode of “Don’t Take No for An Answer,” Eric Jesse, partner in Lowenstein Sandler’s Insurance Recovery Group, is joined by Alexander B. Corson to discuss bad faith in insurance claims. Highlighting a recent example of a case involving Rockefeller University, Eric and Alex explain how… Continue reading In Bad Faith: Understanding Bad Faith Claims and Policyholder Protection
Insurer’s Motion to Dismiss “Redundant Claims” Denied
Tred R. Eyerly | Insurance Law Hawaii The insurer’s motion to dismiss was more appropriate for an eventual summary judgment motion and was consequently denied. Sivan Lam v. Scottsdale Ins. Co., 2024 U.S. Dist. LEXIS 81262 (M.D. Fla. April 12, 2024). Lam suffered a loss to her home due to Hurricane Ian.… Continue reading Insurer’s Motion to Dismiss “Redundant Claims” Denied
Breach of Contract Exclusion Bars Coverage for Construction Defect Claim
Tred R. Eyerly | Insurance Law Hawaii The court determined the policy’s breach of contract exclusion precluded coverage for a claim against the general contractor insured for construction defects. Mt. Hawley Ins. Co. v. McAtamncy, 2024 U.S. Dist. LEXIS 497 (N. D. Cal. Jan. 2, 2024). McAtamney, a general contractor dong business… Continue reading Breach of Contract Exclusion Bars Coverage for Construction Defect Claim