It is common for insurance policies to have a concealment or fraud provision that ultimately says the policy is void if the insured engaged in fraudulent conduct, intentionally concealed or
CONCEALMENT OR FRAUD PROVISION IN INSURANCE POLICY
David Adelstein Blogs
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DON’T PUT YOURSELF IN THE POSITION OF DEFENDING AGAINST AN ACCORD AND SATISFACTION DEFENSE
The doctrine of accord and satisfaction lives and breathes in disputes including construction disputes. Unfortunately, a contractor, in the case discussed below, found out the hard way after it cashed
QUICK NOTE: UNJUST ENRICHMENT CLAIM REQUIRES PROOF OF DIRECT BENEFIT
An unjust enrichment claim is an equitable claim when there is no direct contract between the parties governing the merits of the claim. It is not uncommon for these claims
THE CREDIBILITY OF YOUR EXPERT (INCLUDING YOUR DELAY EXPERT) MATTERS IN CONSTRUCTION DISPUTES
Here is a quote from a judge in an order after the bench trial of a complex construction dispute between a prime contractor and subcontractor on a federal project:
The
IS THE EVENT YOU ARE CLAIMING AS UNFORESEEABLE DELAY REALLY UNFORESEEABLE?
Is the item or event you are claiming as an unforeseeable, excusable delay really unforeseeable? This is not a trick question.
Just because your construction contract identifies items or events
IS THE REMOVAL AND REPLACEMENT OF NONCONFORMING WORK ECONOMICALLY WASTEFUL?
There are times a contractor installs the wrong material or system contrary to the plans and specifications. A nonconformity. The owner wants the already-installed material or system to be replaced
PRESENTING A “TOTAL TIME” DELAY CLAIM IS NOT SUFFICIENT
When presenting a delay-type of claim on a construction project, a claimant MUST be in a position to properly PROVE the claim. Trying to present a delay claim loosey-goosey is
UNRAVEL THE FACTS BEFORE ASSERTING FDUTPA AND TORTIOUS INTERFERENCE CLAIMS
CMR Construction and Roofing, LLC v. UCMS, LLC, 2022 WL 3012298 (11th Cir. 2022) is an interesting opinion where a contractor asserted a Florida’s Deceptive and Unfair Trade Practices Act
WHEN A REQUEST FOR EQUITABLE ADJUSTMENT SHOULD BE TREATED AS A CLAIM UNDER THE CONTRACT DISPUTES ACT
In federal contracting, contractors are sometimes torn about submitting a request for equitable adjustment (known as an “REA” under 48 C.F.R. 252.243-7002) or submitting a formal claim under the Contract
Narrow Promissory Estoppel Exception to Create Insurance Coverage
There is an affirmative claim known as promissory estoppel. (Whereas equitable estoppel is used an affirmative defense, promissory estoppel is used as an affirmative claim.)
To prove promissory estoppel, a