David Adelstein | Florida Construction Legal Updates A dispute pending in the Armed Services Board of Contract Appeals (ASBCA) dealt with interesting legal issues on a motion to dismiss. See Appeals of McCarthy Hitt-Next NGA West JV, ASBCA No. 63571, 2023 WL 9179193 (ASBCA 2023). The dispute involves a contractor passing through subcontractor claims due to impacts… Continue reading Ruling Dealing With Constructive Changes, Constructive Suspension, and the Implied Covenant of Good Faith and Fair Dealing
Tag: Good Faith
Covenant of Good Faith and Fair Dealing Applied to Pass-Through Agreements
Scott D. Cessar | Construction Executive Pass-through claims are claims by a party that has suffered damages but does not have a contractual relationship with the entity that caused the damages. In the construction industry, subcontractors commonly have claims for additional costs based on actions or inactions by the owner. However, since the subcontractor is not… Continue reading Covenant of Good Faith and Fair Dealing Applied to Pass-Through Agreements
Narrow Appellate Court Ruling Excuses Project Contractor From Quitting Due to Partially Withheld Payments
Geoff F. Palachuk | Lane Powell Every party to a contract must uphold the duty of good faith and fair dealing. But there is no free-floating duty under Washington law: the parties’ respective obligations must be tied to a particular contract provision. Division One of the Washington Court of Appeals recently determined that a project… Continue reading Narrow Appellate Court Ruling Excuses Project Contractor From Quitting Due to Partially Withheld Payments
Be Careful with Good Faith Payments
Christopher G. Hill | Construction Law Musings | November 25, 2019 Sometimes doing the expedient thing and what looks good at the time can come back to bite you. Just ask 3M Company. In Faneuil, Inc. v. 3M Co., the Virginia Supreme Court considered a customer services subcontract between Faneuil and 3M relating to a toll… Continue reading Be Careful with Good Faith Payments
“That Settles It”: The Georgia Supreme Court Provides Clarity Regarding an Insurer’s Duty to Settle
Michele N. Detherage | Robins Kaplan | November 15, 2019 New guidance from the Georgia Supreme Court re: an insurer’s duty to settle The issue of whether an insurer has fulfilled its duty to settle in good faith was recently litigated in Georgia. Under Georgia law “[a]n insurance company may be liable for the excess… Continue reading “That Settles It”: The Georgia Supreme Court Provides Clarity Regarding an Insurer’s Duty to Settle