The West Virginia Supreme Court of Appeals recently reversed, in part, and affirmed, in part, a lower court decision regarding dismissal of contractual indemnity and implied indemnity claims. WW Consultants was the design...more
10/24/2023
/ Appeals ,
Breach of Contract ,
Construction Contracts ,
Construction Defects ,
Construction Industry ,
Construction Litigation ,
Contractors ,
Design Defects ,
Indemnity Claim ,
Negligence ,
State and Local Government ,
VA Supreme Court
On complex construction projects, there may be multiple contractors, subcontractors, vendors, suppliers, and sub-subcontractors working along side one another. With various entities working parallel there are substantial...more
In Ali Heidari v. Golden Bear Insurance, a California appeals court recently affirmed a lower court’s decision to deny relief under a CGL policy, where the policy excluded from coverage work performed by subcontractors under...more
3/8/2023
/ Appeals ,
California ,
Construction Defects ,
Construction Industry ,
Construction Litigation ,
Homeowners ,
Insurance Industry ,
Policy Exclusions ,
Property Insurance ,
Property Owners ,
Subcontractors
A federal district court in Washington recently rejected a subcontractor’s motion for reconsideration of a previously granted motion to stay in a Miller Act lawsuit (the Miller Act governs prime contractor bond requirements...more
12/8/2021
/ Appeals ,
Bonds ,
Construction Contracts ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Contract Disputes Act ,
Contractors ,
Miller Act ,
Stays ,
Subcontractors ,
Subcontracts
When negotiating a complex change order or preparing to litigate a claim, calculating actual recoverable costs incurred can be a difficult exercise. You will want to first review your contract to determine what kinds of costs...more
Fla. Stat. § 725.06 limits the scope of indemnification provisions in construction contracts. Specifically, the statute limits the ability of an indemnitee (e.g., owner) to require an indemnitor (e.g., contractor) to...more
2/9/2018
/ Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Florida ,
Indemnification ,
Public Improvement Projects ,
State and Local Government ,
Statute of Limitations ,
Utilities Sector ,
Utility Poles
Florida’s Gov. Rick Scott signed HB 377 providing for revisions to the Florida statutes of limitation and repose governing construction claims. The new law revises Fla. Stat. Sec. 95.11 (Limitations Other Than for the...more