Matthew DeVries | Best Practices Construction Law | November 26, 2019 I just blogged about asking for what you want and the importance of complying with notice provisions in pursuing a construction claim. A court in Oklahoma just reminded me that not all claims require notice. Here’s what I mean. In WinCo Foods, LLC v. Crossland Construction Co.,… Continue reading When Does A Claim for Damages Not Require Notice? When It Is One For Liquidated Damages.
Tag: Notice Provision
Recent Supreme Court Opinion Serves as Call to Action for Contractors to Review Contract Notice Requirements
Paige Scott | Schwabe Williamson & Wyatt | October 2, 2018 The Supreme Court of the State of Washington issued its opinion in Nova Contracting Inc. v. City of Olympia, Docket No. 94711-2 on September 27, 2018, which hammers home the need for contractors to review the notice provisions in their contracts. The Washington Supreme Court… Continue reading Recent Supreme Court Opinion Serves as Call to Action for Contractors to Review Contract Notice Requirements
A Stitch in Time Saves … An Insured From Incurring Non-Covered Defense Costs
Christopher B. Freeman | PropertyCasualtyFocus | April 7, 2017 Timely notice is typically a condition precedent to coverage under an insurance contract, though many states require an insurer to demonstrate prejudice before denying coverage solely based on a failure to comply with a notice provision. However, as the court found in EmbroidMe.com, Inc. v. Travelers… Continue reading A Stitch in Time Saves … An Insured From Incurring Non-Covered Defense Costs
Ohio Appellate Court Enforces Notice Provision and Denies Contractor Delay Damages
David J. Dirisamer | Barnes & Thornburg LLP | December 15, 2014 In Boone Coleman Construction, Inc. v. Village of Piketon, 2014-Ohio-2377, an Ohio appellate court held that a liquidated damages provision totaling almost one-third of the contract price was unenforceable against a general contractor. At the same time, the court affirmed summary judgment on the… Continue reading Ohio Appellate Court Enforces Notice Provision and Denies Contractor Delay Damages