The Real Estate and Construction Blog summarizes a Califonia appellate court recently held a "continued performace clause" is not enforceable when the owner commits a material breach.
For lawyers, maybe so, says Professor Peter Henning in an article for the Notre Dame Journal of Law and Ethics.
A California appellate court decision banning “binding mediation” is discussed over at May It Please the Court.
Updated: A Mississippi federal district court has held State Farm’s insurance policy form ambiguous and that State Farm must pay for wind and water damage even if tidal surge caused later caused further destruction, reports the SunHerald.
The Court will decide whether its earlier decision in State Farm v Campbell (i) mandates a reasonable ratio between compensatory and punitive damages when the defendants conduct was outrageous and (ii) prohibits the jury from considering the harm done to persons other than the plaintiff in making its award.
“We shook hands on it” connotes to folks in the construction business a legally binding deals been made. Would writing the contract with one’s own blood connote more?
Make the arbitration clause one-sided and give yourself, but not the other party, a way to opt out and the clause is unenforceable according to a recent ruling by the Wisconsin Supreme Court.
The provisions of the Act are summarized and linked to over at Construction Lawyer-Utah.
Marc Mayerson over at the Insurance Scrawl does his usual masterful job discussing recent case law on when late notice results in forfeiture of insurance coverage.
An Engineering, Procurement and Construction contract (EPC) requires the contractor to bear the construction risks and to deliver a “turn-key” project.
A material breach by the owner ordinarily relieves the contractor of his duty to perform. Non-payment by the government as a material breach of contract is the subject of a Government Contracts Litigation post.
The National Home Builders Association believes a recent decision by the Supreme Court confirms the E.P.A. is exceeding its authority in requiring builders to secure water discharge permits
The breaches in the New Orleans levees during Katrina were caused by negligent design, construction and maintenance and parts of the system will still be flawed after current repairs are completed according to a just completed study reports the New York Times.
Dan Hawbacker over at the Construction Law Blog points to a number of reports dealing with the collapse of the levees and other Katrina related construction defects and failures.
Under the federal Contract Disputes Act, a construction contractor seeking to overturn a contracting officer’s final decision must either file a notice of appeal to a board of contract appeals within 90 days of the decision or file a complaint in the U.S. Court of Federal Claims within a year after the decision.
Punitive damages sometimes are awarded in construction claim cases and often awarded in insurance bad faith cases so I note with interest that yesterday the Oregon Court of Appeals overturned a $100 million punitive damages award in a tobacco case.
Point of Law Forum points to an article indicating other states are unlikely to follow Rhode Island’s lead.
The ContractsProf Blog summarizes an appellate decision holding the trial court erred in allowing the jury to decide the intent of an unambiguous one year warranty of materials and workmanship.
Next time a client complains about a construction expert’s fees and expenses, I’m going to send him or her a copy of “Expert Witness Industry Booming” from the Star-Telegram.
The presentation of construction claims sometimes suffers because not enough attention is given to whether the claim holds together logically.
Here’s the link to Andrew Cohen’s Bench Conference
That’s what the Chair of the Ad Hoc Committee on Terrorism-Resistant Buildings (TRB) of the International Code Council suggested at a recent Washington meeting reports ENR.com
The Washington Court of Appeals said “no” a decision that create considerable angst among surey defense lawyers and their clients.
Mississippi Gulf Coast homeowners have accused State Farm Insurance in a new lawsuit of pressuring adjusters and engineers to rely on an engineering report alleging Katrina’s storm surge arrived before its windd did any damage reports MSNBC.