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What Are Consequential Damages on a Construction Contract?
  • Jimerson & Cobb P.A.
  • USA
  • October 24 2016

When a party breaches a contract and the contract does not contain a valid liquidated damages clause, the non-breaching party may be entitled to

Mississippi's "Stop Notice" statute declared an unconstitutional deprivation of property
  • Baker Donelson Bearman Caldwell & Berkowitz PC
  • USA
  • October 16 2013

On October 10, 2013, the Fifth Circuit Court of Appeals, citing lack of procedural safeguards, affirmed a district court's determination that

California Supreme Court case sets new standards for expert testimony
  • Snell & Wilmer LLP
  • USA
  • March 15 2013

It is common for experts to testify in civil cases in California. In construction and engineering cases, in particular, testimony by experts is often

Connecticut Workers’ Compensation Carriers May Pursue Justice
  • Carlton Fields
  • USA
  • October 21 2016

Workers’ Compensation statutes impose liability without fault on the employers of men and women who are injured on the job. They also permit

U.S. District Court Blocks Enforcement of Novel Prevailing Wage Requirements Aimed at the Cement Industry
  • Atkinson Andelson Loya Ruud & Romo
  • USA
  • October 24 2016

As addressed in our June 1, 2016 Alert , Assembly Bill 219, codified as Labor Code section 1720, expands the definition of "public works" to include

Minnesota arguably expands coverage for additional insureds in the construction context
  • Barnes & Thornburg LLP
  • USA
  • September 19 2012

The Minnesota Court of Appeals issued an unpublished decision in May, 2012 which trends towards an expansion of coverage for additional insureds in the construction context by extending coverage to claims of direct, as well as vicarious liability

Multi-year suspension but no Eichleay recovery
  • Smith Currie & Hancock
  • USA
  • April 6 2012

The Eichleay formula is the exclusive method of calculating unabsorbed home office overhead costs when the federal government, by direction or constructively, causes a delay in the completion of a construction contract

Sixth Circuit holds construction defect is not an occurrence
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • December 20 2013

In its recent decision in Liberty Mutual Fire Ins. Co. v. Kay & Kay Contracting LLC, 2013 U.S. Dist. LEXIS 23587 (6th Cir. Nov. 19, 2013), the United

Texas Supreme Court holds exclusion inapplicable to construction defect claim
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • January 24 2014

In its recent decision in Ewing Constr. Co. v. Amerisure Ins. Co., 2014 Tex. LEXIS 39 (Tex. Feb. 27, 2013), the Supreme Court of Texas addressed

Legal alert: Texas Supreme Court rules CGL policy’s “contractual liability" exclusion does not bar coverage for claims arising from construction defects
  • Eversheds Sutherland (US) LLP
  • USA
  • January 21 2014

On January 17, 2014, the Supreme Court of Texas rejected a commercial general liability ("CGL") insurer's attempt to invoke the "contractual