Jacob Zahniser | Miller Nash Construction is a document-intensive industry. Construction disputes are equally document-intensive. Given the critical role of written documentation in preserving and resolving construction claims, it is essential that construction companies adequately train the people who create and manage written documentation. Otherwise, evidentiary challenges could sink an otherwise meritorious claim or defense.… Continue reading What do the Rules of Evidence Have to Do With Documenting a Construction Claim? Everything.
Tag: Construction Claims
Florida’s Statute Of Repose – Elimination Of Stale Claims
Anthony S. Wong and Lee H Jeansonne | Wood, Smith, Henning & Berman Big changes may be on the horizon for Florida statute of repose for construction claims. Florida SB 2022-736 proposes to amend Fla. Stat. §95.11(3)(c) to eliminate the distinction between patent and latent claims and apply a uniform four year statute of repose… Continue reading Florida’s Statute Of Repose – Elimination Of Stale Claims
Identifying and Accessing Coverage in Complex Construction Claims
Jeffrey J. Vita and Michael V. Pepe | SDV Insights I. IntroductionFirst-party, third-party, builder’s risk, professional liability, commercial general liability, wrap-ups, and additional insured status are all potential sources of insurance coverage for a large construction loss. Therefore, it is critical for construction industry participants, from owners and developers to general contractors and their subcontractors,… Continue reading Identifying and Accessing Coverage in Complex Construction Claims
Identifying and Accessing Coverage in Complex Construction Claims
Jeffrey J. Vita and Michael V. Pepe | Saxe Doernberger & Vita I. Introduction First-party, third-party, builder’s risk, professional liability, commercial general liability, wrap-ups, and additional insured status are all potential sources of insurance coverage for a large construction loss. Therefore, it is critical for construction industry participants, from owners and developers to general contractors… Continue reading Identifying and Accessing Coverage in Complex Construction Claims
Risk Assessment — Construction Claims: How to Calculate the Recoverable Costs and Damages
Amandeep Kahlon | Bradley Arant Boult Cummings When negotiating a complex change order or preparing to litigate a claim, calculating actual recoverable costs incurred can be a difficult exercise. You will want to first review your contract to determine what kinds of costs are compensable. For example, the change order provision of your contract may provide… Continue reading Risk Assessment — Construction Claims: How to Calculate the Recoverable Costs and Damages