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VIDEO CONFERENCE CONSULTATION FOR YOUR CONSTRUCTION ISSUE AND COVID-19 CONCERNS

Posted on 7 April, 2020
COVID-19 has brought on tons of uncertainty.  Tons of angst.  Tons of concern.   Tons of deliberation and questions over whether this is (i) a force majeure issue, (ii) a national emergency, (iii) an occurrence that gives rise to a business interruption insurance claim or a property damage insurance claim,...

PROVING AND CHALLENGING CAUSATION UNDER NAMED PERILS PROPERTY INSURANCE POLICY

Posted on 5 April, 2020
Under a named perils property insurance policy, the insured bears the burden of proof to prove that the peril, a covered loss, caused the asserted damage.  See Citizens Property Ins. Corp. v. Kings Creek South Condo, Inc., 45 Fla. L. Weekly D597a (Fla. 3d DCA 2020).   

THE ARBITRATION PROVISION SHOULD DICTATE WHETHER JUDGE OR ARBITRATOR DECIDES ARBITRABILITY OF ISSUE

Posted on 4 April, 2020
An arbitration provision should specifically dictate whether you want a judge or arbitrator to decide the arbitrability of a claim or issue.  The reality is, if you prefer your disputes to be resolved by arbitration, you should dictate that the arbitrator decides the arbitrability of issues or claims....

CLAIMS BASED ON MISREPRESENTATION MUST BE INDEPENDENT OF CLAIMS BASED ON A CONTRACTUAL BREACH

Posted on 28 March, 2020
While misrepresentation-type tort claims (fraudulent inducement, fraudulent misrepresentation, or negligent misrepresentation) sometimes sound like attractive claims, they are oftentimes not appropriate claims, particularly when there is a contract between the parties.  The reason being is the the same damages for the breach of contract and misrepresentation-type tort claims...

QUICK NOTE: MILLER ACT PAYMENT BOND PRESENTATION

Posted on 27 March, 2020
Recently, I put on a short presentation on the nuts and bolts of Miller Act payment bonds.  You can find the presentation here.   The presentation hits on key topics that are important to know for purposes of preserving Miller Act payment bond rights and defending...

REPLACEMENT COST VALUE – HOMEOWNERS’ PROPERTY INSURANCE POLICIES

Posted on 22 March, 2020
Many homeowners' property insurance policies are replacement cost value policies for the dwelling, oftentimes referred to as Coverage A.  A replacement cost policy is defined as follows:

“Replacement cost insurance is designed to cover the difference between what property is actually worth and what it would cost to rebuild or...

QUICK NOTE: CHARTING YOUR CONTRACTUAL RIGHTS WITH RESPECT TO THE CORONAVIRUS

Posted on 15 March, 2020
As more and more information is being learned, and more and more industries are being impacted, it is likely that the construction industry will follow suit.  And, while impacts with the global supply chain may not yet be realized, impacts could begin with labor supply and, frankly, employers' safety protocols...

QUICK NOTE: QUESTIONS AS TO THE FORCE MAJEURE IMPLICATIONS OF THE CORONAVIRUS? DO NOT HESITATE TO CONTACT ME!

Posted on 14 March, 2020
If you have questions or concerns, and I am sure you do, as it pertains to the coronavirus and its force majeure implications on construction projects you are involved with, please do not hesitate to contact me or someone else that you trust can help.   Do NOT take a...

BE PROACTIVE, NOT REACTIVE, TO PRESERVE FORCE MAJEURE RIGHTS REGARDING THE CORONAVIRUS

Posted on 12 March, 2020
If you are involved in construction, NOW is the time to consider the potential force majeure impacts associated with the pandemic Coronavirus.  Things are beginning to drastically change on a minute-by-minute basis.  From travel restrictions, to the suspension or cancellation of events on an international level, to company-wide...

QUICK NOTE:…OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE (OCP COVERAGE)

Posted on 8 March, 2020
Recently, I negotiated a contract that included Owners and Contractors Protective Liability insurance, otherwise known as “OCP” coverage, which is a project-specific policy.   Thus, the policy limits are project-specific.  Obtaining this OCP coverage includes discussion with a sophisticated insurance broker because the objective is always to ensure that there...
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