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Recent Posts

COMPELLING REASONS NOT TO ENFORCE SUBCONTRACT VENUE PROVISIONS IN MULTI-PARTY CONSTRUCTION DEFECT CASES

Posted on 13 September, 2014
Subcontracts oftentimes contain venue provisions as to the exclusive venue for lawsuits.  These venue provisions or forum selection clauses are consistent with the general contractor’s preferred venue; the venue, however, may be in a location unrelated to the project site. Sometimes the general contractor is...

DO NOT LET LACK OF NOTICE VOID YOUR INSURANCE COVERAGE

Posted on 7 September, 2014
The Southern District of Florida’s opinion in Pharm. D v. Founders Insurance Co., 2014 WL 32557844 (S.D.Fla. 2014) illustrates that absolute importance of notifying a liability insurer of a claim and a lawsuit; otherwise, coverage that would be afforded to an insured...

HMM–WAIVER OF SUBROGATION–SHOULD IT STAY OR SHOULD IT GO?!?

Posted on 5 September, 2014
Parties involved in construction are familiar with the phrase “waiver of subrogation” because there is commonly, and virtually always, a waiver of subrogation provision in the construction contract.  For instance, the AIA Document A201 (General Conditions) contains a waiver of subrogation...

THE CLEVER ACCORD & SATISFACTION DEFENSE

Posted on 31 August, 2014
A dispute concerning amounts owed (whether owed from an owner to contractor, a contractor to subcontractor, a subcontractor to supplier, etc.) is routine on a construction project.  Even in these disputes, the party responsible for owing  money may recognize there is an undisputed amount actually...

A BUILDER’S RISK INSURANCE TIDBIT

Posted on 29 August, 2014
Builder’s risk insurance is a form of all-risk property insurance that protects an owner's property / project from perils during the course of construction subject to the exclusions identified in the policy. Sometimes there is the question when negotiating a contract between an owner...