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Second-Lowest Bidder for Public Contracts May Sue Lowest Bidder Who Paid Less Than Prevailing Wages

Public agencies have little, if any, discretion when awarding public contracts because they are required to award the contract to the lowest bidder, subject to certain minimum qualifications. These limitations are designed...more

B.C. Court Allows Environmental Approvals Delay Claim to Proceed

In Carhoun & Sons Enterprises Ltd. v. Canada (Attorney General), the British Columbia Court of Appeal allowed a lawsuit to proceed against the federal government by a private developer for losses caused by delays in the...more

When a Construction Lender Steps into the Shoes of the Developer, the Door is Open for Claims by the General Contractor

Thank you to my partner Garret Murai for giving me the opportunity to post again on his excellent California Construction Law Blog. I am the author/editor of the Money and Dirt Blog, where I focus on issues relating to...more

Pennsylvania Supreme Court Denies Appeal In Coverage Dispute; Superior Court Decision Recognizing a Duty to Defend Where Tort...

In a per curiam decision without a published opinion, the Pennsylvania Supreme Court denied National Union Fire Insurance Company of Pittsburgh’s (“National”) appeal from a Superior Court decision holding that National had a...more

Editorial: Court Gives Nod to 1932 Florida Supreme Court Case, Blocking Developers’ Ability to Avoid Additional Payments

We are often asked when representing a client in defense of a claim whether the client could avoid the liability asserted by the claimant by potentially buying the cause of action out from under the claimant. The most common...more

Missouri Court of Appeals Affirms Award of Compensatory Damages Against Insurer Based Upon Bad Faith Failure to Settle and Overall...

The Missouri Court of Appeals recently affirmed an award of compensatory damages against an insurer based upon bad faith in Advantage Bldgs. & Exteriors, Inc. v. Mid-Continent Cas. Co., 2014 Mo. App. LEXIS 975 (Missouri Court...more

Federal District Court in New Jersey Holds that Economic Loss Rule Does Not Bar Contractor’s Tort Claims Against Architect Where...

The University of Medicine and Dentistry of New Jersey contracted HDR Architects and Engineers, P.C. (“HDR”) to design a medical school building. After the project went to bid, the Bedwell Company (“Bedwell”) contracted with...more

Legal Alert: Supreme Court of Texas Finds Contractors Cannot Recover Delay Damages for Negligent Misrepresentation Against an...

On June 20, Texas joined a number of states that apply the economic loss rule to damages claims arising from negligent misrepresentation between contractors and the owner’s architect. In LAN/STV v. Martin K. Eby Construction...more

Corporate Shield Holds Up Against Creditor

There's no expression when speaking of football players to recognize a performance that hits three exceptional marks (like a hat trick in hockey or a triple double in basketball or the triple crown in baseball). Maybe there...more

Illinois Supreme Court Upholds Dismissal Of School District’s Claim Against Its Architect

The Illinois Supreme Court recently issued a decision in Gillespie Community Unit School District No. 7 v. Wight & Company that upholds the dismissal of the District’s claim of fraudulent misrepresentation against its...more

Illinois Supreme Court Holds Five-Year Statute Applies to Fraud Claims Against Architects

On Friday afternoon, in an opinion by Justice Robert R. Thomas, a unanimous Illinois Supreme Court held that fraud-based claims against architects are subject to a five-year statute of limitations. In Gillespie Community Unit...more

Can Your Fee Dispute Rise to the Level of Unfair Competition? Maybe; but Not This Time.

A fee dispute between Travelers, its contractor/insured and the insured's counsel, is not your run of the mill fee dispute. Travelers alleges the existence of an illicit rate agreement between the contractor and its lawyers...more

Stresscon v. Travelers: A Victory For Policy Holders

Yesterday, the construction and insurance communities received much sought-after guidance from the Colorado Court of Appeals regarding Colorado’s recently adopted bad faith statute in the highly anticipated decision,...more

Connecticut Supreme Court Rules on Issues Involving Commercial General Liability Policies

In Capstone Building Corporation v. American Motorists Insurance Company, 308 Conn. 760 (June 11, 2013) (SC 18886), the Connecticut Supreme Court answered three questions of Connecticut insurance law certified from the...more

Connecticut Court Confronts Duty to Investigate

In Capstone Building Corp. v. American Motorists Ins. Co., 2013 Conn. LEXIS 187 (Conn. June 11, 2013), the Supreme Court of Connecticut declined to recognize a cause of action for an insurer’s alleged bad faith conduct in...more

Trends In Litigation Management For The Insurance Industry

Collaborative technology, process improvement strategies and predictive analytics are some of the areas seen as offering potential for improving insurance litigation management, according to an article in the Spring 2013...more

7th Circuit: No Need for Specificity in Contract Dispute Liability Cap

This week we discuss the 7th Circuit decision SAMS Hotel Group, LLC v. Environs, Inc. which found that, at least between two sophisticated parties, a liability cap in a contract dispute is enforceable even without specifying...more

California Civil Depositions Limited To Seven Hours Under New Law

Some attorneys are known for being long-winded time wasters who act with little regard for efficiency, especially when billing at an hourly rate. Although we believe the length of a deposition is often dictated by the...more

Trial Tactics for Insurance and Corporate Defense Cases

Insurance companies and corporate defendants often begin a lawsuit at a disadvantage due to the mere fact that they are being sued by a plaintiff who alleges to have been injured and/or damaged. It is therefore crucial to...more

Litigation Management: A Win-Win

Using tools and strategies to effectively and intelligently proceed a case through the litigation process, based on the goals and expectations of a specific client, is an important part of effective legal representation. This...more

Daubert Standard For Expert Testimony Almost Applied In California

The standard for admitting expert scientific testimony in a federal trial under the Federal Rules of Civil Procedure was established in the case of Daubert v. Merrell Dow Pharmaceutical (US Supreme Court, 6/28/93), then...more

Bad Faith Sentinel - April 2013

In This Issue: - Western District Of Washington: Denial of a Defense Where Additional-Insured Status Was Arguable, and Doing So in Reliance on Extrinsic Evidence, Were Both Acts of Bad Faith - New York Court...more

Insurers: Does Your Policy Contain a Broadly Worded EIFS Exclusion? If You’re in Washington, You Might Be in Luck!

Recently, Washington courts have issued a number of opinions resolving a variety of issues against insurers. For instance, the Washington Supreme Court presumed that there is no attorney-client privilege in a bad-faith suit...more

Missouri Supreme Court Confirms That A Defendant Need Not Plead Its Liability To Plaintiff In A Third-Party Claim For Contribution

For more than 35 years Missouri defendants have been filing third-party claims for contribution against other potentially liable persons or entities not sued directly by the plaintiff. But for 33 of those years defendants...more

Lenders Beware: The Risks of Creating a Fiduciary Relationship With Your Borrower

In the wake of the collapse of the real estate market, banks across the country have seen a significant increase in cases brought by developers and individual buyers alike seeking to avoid their loan obligations on their...more

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