Punitive Damage Award Against Insurance Company Reversed by Supreme Court as Excessive
Bad Faith,Damages,Fraud,Insurance Issues,Punitive Damages,Settlement Agreement
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When State Farm Insurance refused a proposed settlement for the amount of its policy limit for a law suit arising out of an automobile accident, the matter went to trial and a jury returned a verdict against State Farm’s insured in the amount of three times the policy limit. State Farm paid the entire judgment [...]
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Accord and Satisfaction Language Barred Contract Claim
Accord and Satisfaction,Final Payment,Payment Issues,Settlement Agreement
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Where a statement was conspicuously contained in a letter transmitting a check for final payment to a contractor stating that the check will constitute full satisfaction of a contractor claim, a court held this to be an accord and satisfaction, barring the contractor from claiming additional monies under its contract. In Gelles & Sons General [...]
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Mold-Related Construction Defect Claims: Who is Liable for Alleged Damage Caused by Exterior Insulation Finishing Systems (“EIFS”)
Damages,EIFS,Mold,Settlement Agreement
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By: Gordon & Rees, LLP EIFS or synthetic stucco is at the forefront of construction defect allegations regarding water intrusion, property damage and mold growth. EIFS generally consists of a layer of exterior grade gypsum glued to a foam board. The foam board is then coated with a heavy base coat of the synthetic stucco. [...]
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Change Order Bars Owner’s Claim Against A/E
Copyright of Documents,Settlement Agreement,Waiver and Release
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The owners of a home under construction were sued by an architect whose copyrighted plans were used without permission in the design and construction of their new house. This architect (Mr. Page) sued the owners (Mr. and Ms. Gunthrop) for copyright infringement. A court granted a temporary injunction preventing the owners from completing the [...]
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$26.9 Million in Liquidated Damages Not a Windfall to Power Plant Owner
ConstructionRisk.com Report Vol. #12, Issue #3
See article in the following topic indices:
Arbitration,Damages,Delay,Liquidated damages,Settlement Agreement,Substantial Completion
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On October 30, 2009, the DC Superior Court confirmed an August 17, 2009 arbitration award issued by a three-member arbitration panel in New Athens Generating Co. et al. v. Bechtel Power Corp. et al. The Panel awarded $26,950,000 in liquidated damages against the construction giant Bechtel Power Corporation, EPC contractor of a $533 million power [...]
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