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Volume 3 - Number 47 | November 21, 2005

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Recent Issues

  EDITOR'S NOTES | Issue 3-47
This week’s cases have spent time in the Lone Star state, beginning with the lengthy Renda Marine decision, which encompasses 130 pages. The federal claims court dealt a hefty and long-winded blow to the levee contractor, systematically rejecting all of its differing site condition claims. In a much shorter decision, the Texas Supreme Court weighed in on small claims cases. Turner Construction, which we mentioned in a case last week, lands in court on an insurance dispute for a Houston Convention Center project. The case takes place in New York, but the court applies Texas laws.
  ELEMENTS COLLIDE TO CREATE INSURANCE DISAGREEMENT
A rain shower turns into a stormy court battle when a contractor and its insurer can’t decide if the rain or the wind is to blame for water-logged property damage.
  SMALL CLAIMS CASE IS NO EASY RIDE FOR CARPET COMPANY
Small claims actions are meant to stay small, rules a state high court. In such actions, parties have one shot at an appeal.
  CONTRACTOR GETS STUCK IN LEGAL MIRE OVER LEVEE PROJECT
A 130-page decision and a major lack of evidence are enough to sink a contractor’s hopes of obtaining equitable adjustments and time extensions on a levee project.