The scope of work section in your construction contract should never be overlooked.  In numerous instances, it is overlooked which leads to a dispute as to the precise nature of the scope of work. This dispute could be the result of an ambiguity in the scope of work section. Or...

Technical contractual provisions in contracts can carry the day. Whether you like it or not, and whether you appreciate the significance of the provisions, they matter.  Notice provisions in a contract mean something. Following the claims procedure in a contract means something. The moment you think...

The recent Eleventh Circuit Court of Appeals' decision, American Builders Insurance Company v. Southern-Owners Insurance Company, 56 F.4^th 938 (11^th Cir. 2023), is an insurer versus insurer case that touches on two important insurance topics: (1) common law bad faith against an insurance company, and (2) an insurer’s...

When you receive an expert opinion, one of the first things you are considering is whether it is worth filing a Daubert motion / challenge.  A Daubert motion is a generally a pretrial motion you are using to challenge the admissibility of the expert...

I recently did a presentation on the economic waste doctrine. It is an applicable doctrine dealing with construction defects and nonconforming work.  When it comes to construction defects and nonconforming work, EVERYTHING starts with your measure of damages.  How are you going...