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Email Sent After Final Payment Held Insufficient to Preserve Timeliness of Claim Against Government

Best Practices Construction Law

In the world of construction contracts, preservation of claims made in hindsight does not always get you what you want. As to the preservation of the contractor’s claim, the ASBCA held that the contractor submitted its claim for delay damages after receipt of final payment. In Appeal of Matcon Diamond, Inc.

Claims 62
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Tenant’s New Defense to Hazardous Substance Liability

Green Building Law Update

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. Such is a real issue when in any given year the vast majority of commercial and industrial real estate transactions are leases and not contracts of sale. 9601 et seq.,

Liability 149
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Tongue Twister: Commander Closes Construction Site for COVID and Contractor Can’t Recover Contract Costs

Best Practices Construction Law

Last month, the Armed Services Board of Contract Appeals held that a public contractor could not recover $100k in construction costs incurred following the government’s decision to close down a base in Tennessee due to COVID-19. APTIM Federal Services, LLC (ASBCA No. Geren , 550 F.3d 3d 1368 (Fed.

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No Longer in the Dark: A Primer on the Distinction between Delay and Disruption Damages in a Construction Dispute

Best Practices Construction Law

Delay claims on a construction can be confusing, especially when you think about the delay to the work being performed and the disruption to other activities. Triple B Services, LLP , decided on May 26, 2016, the Court of Appeals of Texas reviewed a contractor’s claim for damages on a road expansion project. The Contract.

Claims 118
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Is the Best Defense Always a Good Offense?

Construction Dive

It’s an old sports cliché: the best defense is a good offense. In claims litigation, this strategy has been in evidence for years. The engineer sued to collect approximately $50,000 in compensation. A recent case, however, illustrated a pitfall to this aggressive response. million in damages.

Defense 48
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General Liability vs. Professional Liability: What’s the Difference?

Levelset

When it comes to protecting your contracting business from claims and lawsuits, it can be tough to know what type of insurance you should purchase. Liability insurance protects your business against claims for damages caused by you and your workers, if you have any. General liability insurance.

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Phase l Assessments for Tenants are the Hottest Environmental Issue in 2020

Green Building Law Update

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. economy, when in any given year the vast majority of real estate transactions are leases and not contracts of sale. 9601 et seq.,

Liability 156