John Mark Goodman | BuildSmart A recent case out of Washington serves as a good reminder to preserve evidence that may be relevant to pending or future litigation. That includes not only evidence in the form of documents and electronic information, but also physical evidence. In Seattle Tunnel Partners, 2023 WL 2856616 (Wash. Ct. App. April 10,… Continue reading Preserve Your Claims by Preserving the Evidence
Tag: Construction Claims
Another Judicial Reminder for Policyholders to Carefully Review Policy Language and Provide Timely Notice of a “Claim”
Stephen Foresta, Aaron Jaroff and Lee Royster | McGuireWoods Insurance policies invariably require insureds to submit timely written notice of a “Claim” made by third parties to obtain coverage from the insurer. A recent decision from the United States District Court for the Southern District of New York is yet another reminder that insureds need… Continue reading Another Judicial Reminder for Policyholders to Carefully Review Policy Language and Provide Timely Notice of a “Claim”
Damages in Construction Claims: Are “Actual Costs” Actually Required?
Ronald Espinal | Bradley Arant Boult Cummings The golden standard for the measure of damages in a construction case alleging defective or incomplete work are the actual costs of completion or repair. That is to say, if there is a breach (or multiple breaches) of quality or quantity promises in a construction contract, each dollar… Continue reading Damages in Construction Claims: Are “Actual Costs” Actually Required?
What Are The Different Kinds Of Construction Claims?
KPPB Law The process of completing new construction requires communication and adaptability from all involved parties. However, when a project fails to adhere to the agreed upon scope, price or details, both contractors and owners may have the grounds to pursue legal action against the other. Helping you to navigate such claims, whether you are… Continue reading What Are The Different Kinds Of Construction Claims?
Fraud and Forfeiture: Cautionary Tales of a Construction Claim Gone Wrong
Edward Arnold and Anthony LaPlaca | Seyfarth Shaw In Lodge Construction, Inc. v. United States, the US Court of Federal Claims (“COFC”) prefaced its 46-page opinion by stating: “This case should serve as a cautionary tale to government contractors.”[1] Our ears perk up any time we read that kind of admonition in a published decision. The Lodge holding is,… Continue reading Fraud and Forfeiture: Cautionary Tales of a Construction Claim Gone Wrong