Just when you thought that the litigation between W. C. English and RKK had no more to give (after all, there have been posts with wisdom from this case here, here, and here), it keeps on giving. A relatively recent opinion from this litigation involved, among other pre-trial motions, motions by English to exclude expert […]
Even Where Fraud and Contract Mix, Be Careful With Timing
I have often discussed the limited circumstances under which a construction contract claim and a fraud claim can coexist. A recent case from the Western District of Virginia federal court demonstrates that care is necessary even in those limited circumstances. In Fluor Fed. Sols., LLC v. Bae Sys. Ordinance Sys., the Court examined the question […]
More on Duty to Defend a Subcontractor
Originally posted 2015-02-13 09:11:48. While we don’t often discuss insurance coverage issues here at Construction Law Musings, occasionally a case comes up that makes the grade for a post. One such case was Erie Insurance Exchange v. Salvi, where the question of an “occurrence” that warranted coverage and defense under an insurance policy was at […]
Why Settlement is Often Worth Fighting For
Originally posted 2016-02-15 09:00:48. Well, I’m back after what was several weeks of fun, depositions and settlement negotiations. Between a great family holiday trip and work, the month of January and some of February flew by and I didn’t have the time to keep up with my usual Monday posting schedule. Thank you to those […]
Why You Need a Contract Mediation Clause
Originally posted 2017-09-25 15:59:37. For this week’s Guest Post Friday here at Musings, we welcome Seth J. Smiley. Seth is the managing member of Smiley Law, a boutique law firm located in New Orleans, Louisiana. Seth handles all aspects of construction cases from initial contracting to payment once work is complete. Other areas of focus […]