Notice

We knew this day would come, since email is now the primary means of written communication. A material supplier made a payment bond claim solely via email. No letter was sent by mail, much less sent by certified mail as required under the Maryland Li… Read More

Although a sub apparently abandoned a project, breaching its subcontract, the general contractor’s failure to give 48 hours’ termination notice required by the subcontract was also a breach (it had given 24 hours’ notice). The trial court decis… Read More

From a Connecticut trial court comes a reminder to follow the contract process when terminating a contract. Failure to do so could constitute a breach by the one issuing the termination letter. A sub and general contractor had many changes, claims an… Read More

Homeowners who claimed not to have read the contract nonetheless signed a 10-page form with two critical items: (1) a check box indicating arbitration and not litigation for dispute resolution, and (2) incorporation by reference of general conditions… Read More

A common practice in reservation of rights letters has been heavily criticized by the South Carolina Supreme Court. In fact, the court rejected a generic reservation of rights letter. It stated: “It is axiomatic that an insured must be provided suf… Read More

The University of Pittsburgh has come out on the losing end of coverage battles with two different malpractice carriers for the architecture firm, The Ballinger Co., hired by Pitt to design a renovation project to Pitt’s Salk Hall (named for Jonas… Read More

New York passed a law on June 18, 2016, affecting the right of a public authority to bar a claim due to untimely notice. Richard Dyer of Duane Morris has written a summary. The law appears intended to address the situation where contractors have lost… Read More

Almost two years into a multi-year design-build contract, the government questioned the basis of design of the piles for a ship repair wharf. The contractor stopped work while the design issue was resolved with the government. The work stoppage led t… Read More