Tag: Construction Claims

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

Statutes of Limitations Are Moving Targets During the COVID-19 Pandemic

Rebecca Brazzano and Martine C. Wilson | Thompson Hine Key Notes: Carefully review the raining orders that address tolling of the statutes of limitations in your jurisdictions. Be mindful of governing choice of law provisions. Best practices include using tolling agreements and dusting off the defense of equitable tolling. One of the tried and true… Continue reading Statutes of Limitations Are Moving Targets During the COVID-19 Pandemic

Keep Your Construction Claims Alive in Crazy Economic Times

Christopher G. Hill | Construction Law Musings Coronavirus is dominating the news.  Construction in Virginia is facing what is at best an uncertain future and at worst a series of large scale shutdowns due to COVID-19.  The number of cases seem to grow almost exponentially on a daily basis while states and the federal government try and… Continue reading Keep Your Construction Claims Alive in Crazy Economic Times

Coronavirus (COVID-19): Coming Insurance Claims

Richard Goetz, Tancred Schiavoni, Allen Burton, Gary Svirsky, Kieran Humphrey, Zoheb Noorani and Janine Panchok-Berry | O’Melveny & Myers While we do not yet have a firm fix on where the COVID-19 outbreak is heading, we do know one thing that is certainly on its way: a torrent of insurance claims. Every day we read… Continue reading Coronavirus (COVID-19): Coming Insurance Claims