Alayna Bridgett and Gregory Thompson | Hahn Loeser & Parks Yesterday, June 14, 2021, Ohio Senate Bill 13 went into effect. This bill shortens the statute of limitations for breach of written contract actions from eight years to six and, for oral contracts, from six years to four. As we shared with readers earlier this year,… Continue reading Ohio Bill Shortening Statute Of Limitations Goes Into Effect
Tag: Breach of Contract
Govt’s Failure to Grant REA Can Constitute Breach of Contract
Aron C. Beezley and Sarah Sutton Osborne | Buildsmart The U.S. Court of Appeals for the Federal Circuit, in BGT Holdings LLC v. United States, recently held that the government does not have the discretion to deny a contractor’s request for equitable adjustment (REA) under Federal Acquisition Regulation (FAR) 52.245-1 (Government Property) where the conditions specified… Continue reading Govt’s Failure to Grant REA Can Constitute Breach of Contract
A Consequential Ruling: Florida Supreme Court Rejects Recovery of Consequential Damages in First-Party Breach of Contract Actions
John David Dickenson, Chad A. Pasternack and Alexandra Schultz | Property Insurance Law Observer In first-party breach of insurance contract actions, the parties oftentimes dispute whether the policyholder may seek damages that are not explicitly provided for in the policy, with the policyholder arguing such indirect damages flow from the alleged breach of contract. By doing so,… Continue reading A Consequential Ruling: Florida Supreme Court Rejects Recovery of Consequential Damages in First-Party Breach of Contract Actions
Comparative Breach of Contract – The New Benefit of the Bargain in Construction?
Steven Hoffman, Esq. | Florida Construction Law News Ask most Florida Construction Law practitioners, and you will likely hear that liability may not be apportioned in “pure” breach of contract cases via the Comparative Fault Act, section 768.81, Florida Statutes (the “Act”). If a material breach is a “substantial factor” in causing damages, the breaching… Continue reading Comparative Breach of Contract – The New Benefit of the Bargain in Construction?
Judgment for Breach of Contract Reversed as Trial Court Should Have Granted Leave to Amend Complaint For Bad Faith
Michael Velladao | Lewis Brisbois In Eghtesad v. State Farm Gen. Ins. Co., 51 Cal.App.5th 406 (June 29, 2020), the California Court of Appeal reversed the trial court’s entry of judgment in favor of State Farm General Insurance Company (“State Farm”) based on an order sustaining a demurrer without leave to amend regarding a complaint filed… Continue reading Judgment for Breach of Contract Reversed as Trial Court Should Have Granted Leave to Amend Complaint For Bad Faith