GOVERNMENT PROCUREMENT BID PROTEST – ARBITRARY AND CAPRICIOUS REQUIREMENT
The recent decision, Gemini Tech Services, LLC v. U.S., 2025 WL 2080407 (Fed.Cl. 2025), demonstrates the (difficult) standard in protesting a government’s procurement decision, i.e., a bid protest. In this matter, a protestor pursued a post-award bid protest of a government contract to perform certain support services for...
CONSEQUENTIAL vs. DIRECT DAMAGES AND WAIVER OF CONSEQUENTIAL DAMAGES
In a recent case, a design professional tried to argue it had a “get out of jail free” costs for repair and remediation costs an owner sustained due to structural engineering errors and omissions. The “get out of jail” free card was based on a waiver...
PROVING AND DEFENDING AGAINST CONSTRUCTION DEFECT DAMAGES
QUICK NOTE: LIABILITY INSURER’S DUTY TO DEFEND AND DUTY TO INDEMNIFY
An insurance company's duty to defend is distinct from...
QUICK NOTE: DOCTRINE OF REASONABLE EXPECTATIONS DOES NOT APPLY TO INSURANCE POLICIES
The doctrine of “reasonable expectations” does NOT apply to insurance policies. Catalina West Homeowners Association, Inc. v. First Community Ins. Co., 50 Fla.L.Weekly D1318a (Fla. 3d DCA 2025). " ‘Under this doctrine, the insured's expectations as to the scope of coverage is upheld provided that such expectations are...
About The Author
David Adelstein
Phone: (954) 361-4720
Email: Dadelstein@gmail.com