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
Tag: Construction Claims
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
Don’t Forget to Certify Within Six Years: Recent Opinion Addresses Timeliness of Government Contractor’s Appeal
Douglas L. Patin, Aron C. Beezley & Amandeep S. Kahlon | Buildsmart On May 19, 2020, the Federal Circuit upheld summary judgment against a government contractor for failure to file a claim timely within the six-year time limit prescribed by the Contract Disputes Act (CDA). In Electric Boat Corp. v. Secretary of the Navy, the Federal… Continue reading Don’t Forget to Certify Within Six Years: Recent Opinion Addresses Timeliness of Government Contractor’s Appeal
An Insurer’s Duty to Defend does not Extend to a Construction Claim that Falls Clearly Within a Policy Exclusion
Amandeep Kahlon and Alex Purvis | Build Smart On May 14, 2020, in James G. Davis Constr. Corp. v. FTJ, Inc., the Virginia Supreme Court upheld a judgment on an unjust enrichment claim in favor of FTJ, a drywall supplier on a condominium project, against Davis, the general contractor. Notably, FTJ did not have a purchase… Continue reading An Insurer’s Duty to Defend does not Extend to a Construction Claim that Falls Clearly Within a Policy Exclusion