Tred R. Eyerly | Insurance Law Hawaii The court determined the policy’s breach of contract exclusion precluded coverage for a claim against the general contractor insured for construction defects. Mt. Hawley Ins. Co. v. McAtamncy, 2024 U.S. Dist. LEXIS 497 (N. D. Cal. Jan. 2, 2024). McAtamney, a general contractor dong business… Continue reading Breach of Contract Exclusion Bars Coverage for Construction Defect Claim
Tag: Construction Contract
Saving Time And Cost In Negotiating Construction Management Agreements
Kenneth Block | Tannenbaum Helpern Syracuse & Hirschtritt In our negotiation of construction management agreements for owners and developers, we have found that some overly aggressive counsel for the construction manager respond to our draft agreements with voluminous redlines, in part altering basic legal terms, such as indemnification or default and termination, and in part… Continue reading Saving Time And Cost In Negotiating Construction Management Agreements
It Pays to Review the ‘Review the Contract Documents’ Clause Before You Sign the Contract
Alan Winkler | ConsensusDocs It is fairly common for a construction contract to include a provision requiring the contractor to perform some level of review of the plans and specifications and perhaps other contract documents as part of their responsibilities. Typically, this provision is found in a section of the contract on the contractor’s responsibilities,… Continue reading It Pays to Review the ‘Review the Contract Documents’ Clause Before You Sign the Contract
Challenging Enforceability of Liquidated Damages (In Federal Construction Context)
David Adelstein | Florida Construction Legal Updates A recent summary judgment opinion from the Armed Services Board of Contract Appeals (ASBCA), Appeals Of – BCI Construction USA, Inc.,ASBCA No. 6257, 2024 WL 773324 (2024), contains a worthy discussion regarding a contractor’s challenge to the government’s assessment of liquidated damages, specifically the enforceability of the liquidated damages rate. Although… Continue reading Challenging Enforceability of Liquidated Damages (In Federal Construction Context)
Strategies for Getting Difficult Contracts to the Finish Line
Zachary Davis | Ahead of Schedule When negotiating design and construction contracts for large projects, it is common for sophisticated parties to push to the end of their negotiations the half-dozen or so provisions that one side or the other has characterized as “deal-breakers.” Often in the eleventh hour, one of the parties will make… Continue reading Strategies for Getting Difficult Contracts to the Finish Line