Frederick E. Hedberg | American Bar Association As the construction industry recovers from and adjusts to the effects of the COVID-19 pandemic and prepares for a new normal, post-COVID world, claims for losses of productivity on projects that were in progress when COVID-19 struck will likely increase due to contractors performing work under conditions far… Continue reading A New Roadmap to a Familiar Journey: The ASCE Standard on Loss of Productivity
Tag: Construction Claims
Coming to Construction Claims – The Collateral Source Rule
Andrew Atkins, Peter Marino and William Vaughn | Smith Anderson In another significant opinion from the North Carolina appellate courts, the Court of Appeals recently expanded the application of the collateral source rule to negligence claims arising out of construction disputes in a case of first impression, Carolina-A-Contracting, LLC v. J. Scott Campbell Construction Company, Inc.,… Continue reading Coming to Construction Claims – The Collateral Source Rule
Be a Good Neighbor: Techniques to Mitigate the Risk of Claims From Adjacent Landowners
Joshua Levy, Josh Neudorfer and Madeleine Bailey | Construction Executive In May 2020, a real estate developer performing excavation work in New York was sued by a neighboring property owner for property damage. A court overturned an injunction preventing the developer from continuing excavation work after reviewing a preconstruction assessment that showed the damage to… Continue reading Be a Good Neighbor: Techniques to Mitigate the Risk of Claims From Adjacent Landowners
Be a Good Neighbor: Protect Against Claims by an Adjacent Landowner During Construction
Joshua Levy and Madeleine Bailey | Construction Executive There’s nothing like working in an office while pilings are being pounded into the ground next door, leading to crashing sounds of pile driving and the attendant afternoon headaches. Fortunately, that’s often the extent of a neighboring project’s real inconvenience. In other cases, however, construction in close… Continue reading Be a Good Neighbor: Protect Against Claims by an Adjacent Landowner During Construction
No Longer in the Dark: A Primer on the Distinction between Delay and Disruption Damages in a Construction Dispute
Matthew DeVries | Best Practices Construction Law If you are left in the dark about something, you don’t have the information you should have to make an informed decision. Delay claims on a construction can be confusing, especially when you think about the delay to the work being performed and the disruption to other activities.… Continue reading No Longer in the Dark: A Primer on the Distinction between Delay and Disruption Damages in a Construction Dispute