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ARGUING CARDINAL CHANGE IS DIFFERENT THAN PROVING CARDINAL CHANGE

Posted on 6 March, 2021
The cardinal change doctrine has become a popular doctrine for a contractor to argue under but remains an extremely difficult doctrine to support and prove.  Arguing cardinal change is one thing.  Proving cardinal change is entirely different.   As shown below, this...

STATUTORY BAD FAITH CLAIM NOT TOLLED MERELY BECAUSE PROPERTY INSURER INVOKES APPRAISAL PER THE POLICY

Posted on 28 February, 2021
A statutory bad faith claim is NOT tolled merely because the property insurer invoked the appraisal process in the property insurance policy.  Zaleski v. State Farm Florida Ins. Co., 46 Fla.L.Weekly D416b (Fla. 4th DCA 2021).  A statutory bad faith claim requires the insured to comply with

UNJUST ENRICHMENT OR QUANTUM MERUIT CAN APPLY FOR EXTRA-CONTRACTUAL WORK IF THE EXPRESS CONTRACT DOES NOT CONCERN THE SAME SUBJECT MATTER

Posted on 21 February, 2021
Can a subcontractor recover from a general contractor for extra-contractual work under an unjust enrichment or quantum meruit theory even though an express contract exists between the parties?   Can a general contractor recover from an owner for extra-contractual work under the same theories even though an express contract exists with...

DISPUTE RESOLUTION PROVISION IN SUBCONTRACT THAT SAYS OWNER, ARCHITECT OR ENGINEER’S DECISION IS FINAL

Posted on 19 February, 2021
In subcontracts, it is not uncommon to see a provision that says something to the effect:

Should any dispute arise between the parties respecting the true construction or interpretation of the Plans, Specifications and/or the Contract Requirements, the decision of the Owner or the Owner’s designated representative as set...

DEFINING CONSTRUCTIVE ACCELERATION

Posted on 14 February, 2021
When it comes to the definition of “constructive acceleration,” the case of Fraser Const. Co. v. U.S., 384 F.3d 1354 (Fed.Cir. 2004) is a cited case and contains an instructive definition, quoted below, for proving a constructive acceleration claim. In a nutshell, a constructive acceleration...