Construction Contracting Without Relief Clauses During COVID-19

What to do if your contract lacks the parts to handle COVID-19? Considerations for creating new contracts during COVID-19.

Your Contract Can Handle COVID-19

Uncertainty and risk are not new or novel to contractors.  Contracts reduce uncertainty and share the risk of doing or providing something.  COVID-19 may have contributed to, but it has not single-handedly created, uncertainty and risk. 

By |2022-10-25T10:11:26-04:00April 9, 2020|Contract, Contract Interpretation, Damages, Force Majeure, Notice|

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.

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|

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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