Jose A. Aquino | Duane Morris In Best Work Holdings (New York), LLC v. Ma, a recent decision from the New York Appellate Division, First Department, the court examines how promissory‑estoppel and unjust‑enrichment claims are evaluated when construction work is performed without a written contract. Plaintiff building owner accused defendants of participating in a fraudulent contracting… Continue reading Appellate Court Finds Oral Assurances Sufficient to Keep Contractor’s Claims Alive
Tag: Promissory Estoppel Claim
Holding Subcontractors to Their Bid: The Doctrine of Promissory Estoppel
John Mark Goodman and Joe Mack Curry II | BuildSmart Most legally enforceable contracts are formed the old-fashioned way: offer and acceptance. Courts will sometimes enforce promises without traditional offer and acceptance where one party has justifiably relied on the other party’s promise. This alternative route to contract formation is called promissory estoppel. While the law varies from… Continue reading Holding Subcontractors to Their Bid: The Doctrine of Promissory Estoppel
Promissory Estoppel Claim Allowed to Proceed Against Insurer Based on Reversal in Coverage Position
Margaret Karchmer | Wiley Rein The United States District Court for the Southern District of Florida, applying Florida law, denied an excess insurer’s motion to dismiss an estoppel claim where the insurer reversed its coverage position on which the insured alleged it had detrimentally relied. Scott v. Certain Underwriters at Lloyd’s London Subscribing to Policy No.… Continue reading Promissory Estoppel Claim Allowed to Proceed Against Insurer Based on Reversal in Coverage Position
Narrow Promissory Estoppel Exception to Create Insurance Coverage
David Adelstein | Florida Construction Legal Updates There is an affirmative claim known as promissory estoppel. (Whereas equitable estoppel is used an affirmative defense, promissory estoppel is used as an affirmative claim.) To prove promissory estoppel, a plaintiff must plead and prove the following three elements: “(1) a representation as to a material fact that is… Continue reading Narrow Promissory Estoppel Exception to Create Insurance Coverage
After Sixty Years, Subcontractors are Back in the Driver’s Seat in Bidding on California Construction Projects
William L Porter | Porter Law Group | September 2016 For almost the last sixty years, the standard for bidding on California construction projects has been governed by the landmark case of Drennan v. Star Paving (1958) 51 Cal.2d 409; which generally states that the contractor bidding to perform work for a project owner is… Continue reading After Sixty Years, Subcontractors are Back in the Driver’s Seat in Bidding on California Construction Projects