Jason Ebe | Snell & Willmer 2020 is now behind us, and we have reason for a positive outlook for 2021. However, delays and impacts due to COVID-19 and other factors in 2020 will likely continue into 2021, and claims and disputes over relief will likely increase in 2021. A persuasive claim analysis and presentation… Continue reading Improving Recovery on Delay and Impact Claims Using American Society of Civil Engineers’ Standard
Tag: Property Insurance Claims
STOP in the Name of Releases, Before They Break Your Claims
Amy Elizabeth Garber | Buildsmart Given the uncertainty that COVID-19 has brought to federal projects, it is imperative now more than ever that contractors preserve rights to potential claims at all turns. Fortunately, with careful reading and documentation, contractors can satisfy the government’s desire for releases while preserving their claims. A recent Armed Services Board… Continue reading STOP in the Name of Releases, Before They Break Your Claims
Walking the Tightrope: Liquidation Agreement “Traps for the Unwary”
Amy Elizabeth Garber and Robert J. Symon | Buildsmart When crafting a liquidation or “pass-through” agreement for a subcontractor claim against the government, the key provision from the prime contractor’s perspective is a release from any liability for the subcontractor’s claim with the exception of amounts recovered from the government related to that claim. If the… Continue reading Walking the Tightrope: Liquidation Agreement “Traps for the Unwary”
Can A Construction Contractor Email Notice of a Claim? Maybe!
Matthew DeVries | Best Practices Construction Law | November 18, 2019 A few years ago, I did a post on whether a digital signature in a construction contract was valid. Given the regularity by which parties now communicate by email, it is certainly a subject worth revisiting. In United States ex rel. Cummins-Wagner Co., Inc. v. Fidelity… Continue reading Can A Construction Contractor Email Notice of a Claim? Maybe!
Does the Implied Covenant of Good Faith and Fair Dealing Impose a Broad Duty on Insurers to Act “Reasonably” or “Properly” in Handling Claims?
Christina Phillips | Property Insurance Coverage Law Blog | October 30, 2019 The United States District Court for the District of Minnesota in Selective Insurance Company of South Carolina v. Sela,1 recently addressed whether the implied covenant of good faith includes a broader obligation to act “reasonably” and “properly” in making a decision about whether to pay… Continue reading Does the Implied Covenant of Good Faith and Fair Dealing Impose a Broad Duty on Insurers to Act “Reasonably” or “Properly” in Handling Claims?