Posted In: Construction Contracting & Disputes, Insurance Recovery and Real Estate
Coverage Counselor and RE&C In Review: Fortuity: Defining the Cost of Doing Business
on May 23, 2023
In 2012, the Ohio Supreme Court inWestfield Ins. Co. v. Custom Agri Sys., Inc.,1 first defined the "fortuity doctrine," building upon the Court's previous definition of "accidental" within the context of CGL insurance policies—i.e., something "unexpected, as well as unintended."2 Adopting the commentary of the doctrine from the 11th District, the Court opined:...
Posted In:
Construction Contracting & Disputes and Real Estate
Industry:
Construction
RE&C In Review: Unfair and Deceptive Practices May Lead to a Residential Remodeling Contractor's "Corporate Death Sentence"
By James T. Dixon, Teresa G. Santin & Jenna Pletcher (Summer Associate) on August 15, 2022
This edition of the RE&C In Review Blog highlights a cautionary tale of how unfair and deceptive practices can lead to a "corporate death sentence" for a residential remodeling contractor....
Posted In:
Construction Contracting & Disputes and Real Estate
Industry:
Construction
RE&C In Review: Pressing Pause and Pressing Stop - The Strategic Use of Contractual Suspension and Termination Rights
By James T. Dixon on March 15, 2021
Article 7 of the American Institute of Architect's form A101-2017 Agreement Between Owner and Contractor (the Agreement) refers to Article 14 of the A201-2017 General Conditions for the terms governing termination or suspension. Beginning with the Contractor's right to terminate work, a Contractor may do so in very limited circumstances and only after giving proper written notice. One of those circumstances is when an Owner's failure to live up to one of its contractual obligations stops the work for 60 consecutive days....
