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Recent Posts

AN EXPERT’S QUALIFICATIONS ARE IMPORTANT

Posted on 15 December, 2018
An expert’s qualifications are important. Please remember this the next time you retain an expert to analyze documents or data and render an opinion based on that information.  An expert must be qualified to render an opinion.  Otherwise...

PROVIDING “LABOR” UNDER THE MILLER ACT

Posted on 9 December, 2018
A recent opinion out of the Northern District of California discusses the "labor" required to support a Miller Act payment bond claim on a federal construction project.   It is a good case that discusses the type of labor required  to...

CONTRACTUAL WAIVER OF CONSEQUENTIAL DAMAGES

Posted on 1 December, 2018
Contractual waivers of consequential damages are important, whether they are mutual or one-sided.  I believe in specificity in that the types of consequential damages that are waived should be detailed in the waiver of consequential damages provision. Standard form construction agreements provide a good template of the...

QUICK NOTE: EXPERT TESTIMONY – BACK TO THE FRYE TEST IN FLORIDA

Posted on 22 November, 2018
Expert testimony (opinions) - very important testimony in construction disputes.  Whether it is a delay claim, an inefficiency claim, a defect claim, etc., expert testimony plays an invaluable role in construction disputes.   Construction attorneys work closely with expert witnesses to ensure that an expert helps render...

CGL POLICY COVERING ATTORNEY’S FEES IN PROPERTY DAMAGE CLAIMS

Posted on 17 November, 2018
Does a CGL policy cover attorney’s fees and costs in property damages claims, to the extent there is a contractual or statutory basis to recover attorney’s fees? Naturally, you need to review the policies and this is not a clear-cut issue, but there is law to...