Shannon Alfonso | Butler Weihmuller Katz Craig Florida’s First District Court of Appeals delivered a clear warning to policyholders and their counsel in Bailetti v. Universal Property & Cas. Ins. Co., — So. 3d —, 2025 WL 2845101 (Fla. 1st DCA Oct. 8, 2025): a breach of contract suit must be grounded in a breach that… Continue reading Don’t Put the Suit Before the Proof: Bailetti’s Message on Premature Breach Suits
Tag: Breach of Contract
Florida Courts Reaffirm Damages Must Be Calculated as of Date of Breach in Construction Defect Cases
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
Oregon Supreme Court Expands Meaning of “Accident” in Insurance Policy
Blake Robinson | Davis Wright Tremaine Key Takeaways On February 15, 2023, the Oregon Court of Appeals issued a decision holding that a claim for breach of a settlement agreement did not trigger an insurance policy because a breach of contract was not an “accident” under the policy, even though the alleged breach was negligently… Continue reading Oregon Supreme Court Expands Meaning of “Accident” in Insurance Policy
Court Affirms $1 Nominal Damage Award in Wind Farm Construction Dispute
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
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