AN “AGREEMENT TO AGREE” IS NOT A BINDING CONTRACT
A driving issue in a recent dispute was whether a binding contract existed simply through the selection of a proposal in response to a solicitation. Or, was there nothing more than an "agreement to agree," which does not create a binding contract. There is an important distinction between...
GOVERNMENT CLAIMING CONTRACT IS VOID AB INITIO BY CONTRACTOR KNOWINGLY MAKING FALSE STATEMENTS
Can the federal government declare a contract “void ab initio” or void from the beginning? Yes, if the government can “prove that the contractor (a) obtained the contract by (b) knowingly (c) making a false statement.” MLB Transportation v. U.S., 2025 WL 2962897, *8 (Fed.Cl. 2025) (citation omitted).
PROMPTLY NOTIFYING YOUR INSURER OF A CLAIM MATTERS
Does promptly notifying your insurer of a claim matter? A recent case out of the 11th Circuit Court of Appeals answers this question in the affirmative. MAKE SURE TO PROMPTLY NOTIFY YOUR INSURER OF A POTENTIAL CLAIM.
In L. Squared Industries, Inc. v. Nautilus Ins....
COURSE OF CONDUCT CAN SERVE AS WAIVER OR MODIFICATION OF PARTIES’ CONTRACT
When you enter into a contract, the language in the contract means something. And if you don’t follow what the contract says, it will be used against you. It can be used to support the argument that you breached the contract. Or it can be used to demonstrate...
APPLICATION OF ORDINANCE AND LAW COVERAGE IN PROPERTY INSURANCE POLICY AND TWENTY-FIVE PERCENT RULE
A recent case involved a homeowner’s all-risk property insurance policy with ordinance and law coverage. This ordinance and law coverage required the carrier “to cover costs that the incur as a result of any ordinance that requires them to replace ‘the...
About The Author
David Adelstein
Phone: (954) 361-4720
Email: Dadelstein@gmail.com