by Kent Holland | Feb 9, 2011 | Newsletter Article
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...
by Kent Holland | Feb 9, 2011 | Newsletter Article
In Re: Regional Building Sys., Inc. v. The Plan Comm., 320 F.3d 482 (4th Cir. 2003), a federal court held that under New York law, absent a contract term to the contrary, a subcontractor cannot recover delay damages from its general contractor when the general...
by Kent Holland | Feb 9, 2011 | Newsletter Article
By: Michael Loulakis The barrage of corporate misdeeds reported over the past year makes one wonder how things could have possibly gotten so out-of-hand. How could Enron’s management get away with “cooking the books” and reporting phantom revenue so easily for so...
by Kent Holland | Feb 9, 2011 | Newsletter Article
Where a contractor failed to comply with arbitration notice and filing requirements, the architect’s decision became final and binding, and the contractor had no further recourse to arbitrate or litigate its dispute with a homeowner. The AIA form contract that was at...
by Kent Holland | Feb 9, 2011 | Newsletter Article
By: Philip R. White, Esq. Where a public owner issued a deductive change order, it was required to equitably adjust a contract despite the absence of an equitable adjustment clause in the contract, despite the absence of specifications or applicable public contracts...
by Kent Holland | Feb 9, 2011 | Newsletter Article
By: Robert J. MacPherson, Esq. Surety bonds are contracts and the rights and obligations of the parties will be determined in accordance with basic principles of contract law. The size of the claims and complexity of the project will not impact the result. That is...
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