Fairfield Connecticut Building Expert Directory

The Increasing Trend of Caps in Construction Contracts and Negotiating Them

November 27, 2023 — Jarred Trauth - ConsensusDocs
Risks are inherent in every construction project and all parties involved face them: owners, designers, general contractors/builders, subcontractors, suppliers…. Equitably allocating such risks is one of the most important and most negotiated areas of any construction related contract. Limitations of liability provisions are key to risk allocation. These provisions include no damage for delay provisions and caps on delay damages, warranty limitations and exclusions, indemnity limitations, and consequential damage waivers. Another, and the focus of this article, is a liability cap fixing the total amount of damages for which a party may be liable under the contract (the “Liability Cap”). Liability Caps have become more and more common in construction and construction related contracts, including major component supply agreements and design agreements. This article will discuss Liability Caps generally and considerations of an owner or contractor negotiating them, including carve-outs (i.e. exceptions) to them. Read the court decision
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Reprinted courtesy of Jarred Trauth, Jones Walker LLP
Mr. Trauth may be contacted at jtrauth@joneswalker.com

Kiewit Hired as EPC for Fire-Damaged Freeport Gas Terminal Fix

September 19, 2022 — Mary B. Powers - Engineering News-Record
Freeport LNG’s $13.5-billion natural gas liquefaction plant and export terminal in Texas, closed since a June 8 fire and explosion that damaged the facility, said it will not partially reopen until possibly mid-November, and not fully operate until next March—the third delay it has announced. Reprinted courtesy of Mary B. Powers, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
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Citigroup Reaches $1.13 Billion Pact Over Mortgage Bonds

April 09, 2014 — Dakin Campbell – Bloomberg
Citigroup Inc. (C) agreed to pay $1.13 billion to settle claims from mortgage-bond investors as it seeks to curb liabilities tied to the financial crisis. It took a $100 million first-quarter charge. The 68 securitization trusts covered by the settlement issued a combined $59.4 billion in mortgage-backed securities from 2005 to 2008, the New York-based bank said yesterday in a statement. The agreement covers 18 investors represented by Gibbs & Bruns LLP and trustees have until June 30 to accept the deal, the law firm said in a separate statement. The accord must be approved by the Federal Housing Finance Agency. Citigroup, the third-biggest U.S. bank, is resolving a portion of liabilities tied to mortgages it packaged and sold to investors in the run-up to the 2008 crisis. JPMorgan Chase & Co. (JPM) and Bank of America Corp. (BAC), the two largest U.S. lenders, previously agreed to multibillion-dollar settlements with Gibbs & Bruns clients. Read the court decision
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Reprinted courtesy of Dakin Campbell, Bloomberg
Mr. Campbell may be contacted at dcampbell27@bloomberg.net

The COVID-19 Impact: Navigating the Legal Landscape’s New Normal

July 27, 2020 — Amanda Mathieu - Lewis Brisbois
While most of the country has been at a standstill since March, you might be wondering, what about my lawsuit or my administrative charge? For the past couple of months, most litigation cases have largely been put on pause in the courts and at administrative agencies. However, as we adjust to what is clearly a new normal in both our lives and the legal landscape as we know it, cases will begin to pick up speed again, albeit with new strategies and challenges to keep in mind. As courts begin to reopen, judges are emphasizing in many jurisdictions that criminal cases will take priority in an effort to attend to constitutionally required timelines. Nevertheless, it will remain just as important as before the pause button was hit to keep cases moving forward. This ramp up period presents a unique opportunity for clients and attorneys to invest meaningful time into investigating and developing defenses to claims while the court system and related case pace remains slowed. Read the court decision
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Reprinted courtesy of Amanda Mathieu, Lewis Brisbois
Ms. Mathieu may be contacted at Amanda.Mathieu@lewisbrisbois.com

New York Court Enforces Construction Management Exclusion

March 14, 2018 — Traub Lieberman Straus & Shrewsberry LLP
In its recent decision in Houston Cas. Co. v. Cavan Corp. of NY, Inc., 2018 N.Y. App. Div. LEXIS 1138 (N.Y. 1st Dep’t Feb. 20, 2018), a New York appellate court had occasion to consider the application of a construction management exclusion in a general liability policy. Read the court decision
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Reprinted courtesy of Traub Lieberman Straus & Shrewsberry LLP

McDermott International and BP Team Arbitrate $535M LNG Site Dispute

April 02, 2024 — Mary B. Powers - Engineering News-Record
BP and Kosmos Energy are seeking “maximum recoverable damages” of about $535 million in binding arbitration with contractor McDermott International over a claim that it failed to meet contract obligations on subsea pipeline installation for an estimated $4.8 billion liquefied natural gas project off Africa. Reprinted courtesy of Mary B. Powers, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
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Ohio Condo Development Case Filed in 2011 is Scheduled for Trial

April 09, 2014 — Beverley BevenFlorez-CDJ STAFF
In a recent hearing regarding the Cleveland, Ohio case Stonebridge Towers Homeowners v K&D Group, Judge John O’Donnell scheduled a trial for May 28th. Lead attorney for the homeowners stated that they would settle for “ten million and change,” according to The Plain Dealer. However, an attorney for K&D Group retorted that “the damaged condos could be fixed for much less money.” “The lawsuit claims negligent design, poor construction and multiple defects resulted from fraud and bribe-paying by the developers,” reported Plain Dealer. Read the court decision
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Alabama Appeals Court Rules Unexpected and Unintended Property Damage is an Occurrence

June 17, 2015 — Beverley BevenFlorez-CDJ STAFF
In Pennsylvania National Mutual Casualty Insurance Company v St. Catherine of Siena Parish, a U.S. appeals court affirmed "that unexpected and unintended property damage is an ‘occurrence,’” reported Construction Equipment Guide. The underlying case involved roof leaks after the replacement of two Parish roofs, which ultimately led to a trial where Parish was awarded $350,000 in compensatory damages for breach of contract. However, Penn National disputed any obligation to pay, stating that “a breach of contract claim was not an ‘occurrence’ under the policy and even if such claims were an occurrence, the contractual liability and/or ‘your work’ exclusions would bar recovery.” However, the U.S. District Court for the Southern District of Alabama ruled “that there was coverage for the property damage caused by the leaks because an ‘accident’ meant an unintended and unforeseen injury and the allegedly faulty workmanship led to damage to other areas of the structure and thus damage beyond simply the cost to replace the defective roof.” Read the court decision
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