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So far jstraw1 has created 71 blog entries.

Insurance Company Had No Duty to Defend Under Eight Corners Rule

To decide if an insurer has a duty to defend, a Virginia State or Federal Court may only look at the allegations in the complaint and the insurance policy to determine if a judgment against the insured will be covered by the policy.

By |2022-10-25T13:44:29-04:00August 15, 2019|Contract Interpretation, Defense, Indemnity, Insurance|

Owner SOL When Mandatory Mediation Didn’t Toll Statute of Limitations

Contract interpretation strives to find the meaning of all parts together.

Government Must Review Claims in Good Faith, Not “Conjure Up” a “Baseless Retaliation”

A contracting officer’s review of certified claims submitted in good faith is not intended to be a negotiating game where the agency may deny meritorious claims to gain leverage over the contractor.

Pirates (Parties) Should Arbitrate Arbitrability

Yes, the word “pirates” is an anagram for “parties.”  Participants in a lawsuit, arbitration, or mediation are collectively referred to as parties.  Are they pirates too?

By |2022-11-07T12:32:16-05:00November 20, 2018|Arbitration, Construction Law, Contract, Contract Interpretation|

Very Bad Behavior Without Bad Faith is Not a Breach of Contract

Despite “abhorrent” behavior by the Army Corps of Engineers, a [...]

Government Construction Contracts Require Bonds, Even When Contract Doesn’t Say So

Yesterday (Nov. 5, 2018), the Fed. Cir. Ct. of Appeals again endorsed the Christian doctrine, which can make unstated requirements part of a government contract.

Prime Contractor Had No Duty to Help Surety Investigate Sub’s Default

We all know what happens when we “ASS-U-ME” something.  So, we should all carefully avoid assuming things unnecessarily.

By |2018-10-10T13:30:17-04:00October 24, 2018|Construction Law, Contract Interpretation, Default, Surety, Termination|
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