Matt Handal | Construction Law Musings It’s frustrating. You’re a great designer or contractor. Clients love you. The problem is you spend hours producing great proposals, but keep losing. Not only that, most of the time you don’t even get short listed. To make matters worse, the clients keep choosing firms you know you’re better… Continue reading Stop Losing Proposal Competitions
Kentucky Supreme Court Overturns Escape Clause Meaning, Affirms Roof Collapse
William Rabb | Insurance Journal Two Kentucky Supreme Court rulings handed down last week emphasize how important it can be to have clearly worded insurance policies, including exclusions and excess and escape clauses, particularly in high-dollar commercial coverage. In Motorists Mutual Insurance Co. vs. First Specialty Insurance Corp., the high court split the difference on… Continue reading Kentucky Supreme Court Overturns Escape Clause Meaning, Affirms Roof Collapse
Contractual Fee-Shifting in Litigation: Who Pays the Price?
Caitlin Kicklighter | ConsensusDocs When disputes on a construction project escalate to litigation, general contractors may find themselves entangled in a costly and time-consuming legal battle. One important concept to understand is contractual fee-shifting under a “prevailing party” provision, which can significantly impact damages recovered in litigation. The general rule, known as the “American Rule,”… Continue reading Contractual Fee-Shifting in Litigation: Who Pays the Price?
The Broader The Better – How Broad Is the Duty To Defend?
Adriana Perez and Cary D. Steklof | Hunton Andrews Kurth It is common knowledge in the insurance industry that an insurer’s duty to defend is broad. Recently, a U.S. District Court reminded us just how broad that duty is when it held that a complaint with only two scarce factual allegations triggered an insurer’s duty… Continue reading The Broader The Better – How Broad Is the Duty To Defend?
To Daubert Or Not To Daubert — That Is The Question: Sixth Circuit Weighs In On Expert Standards At Class Certification
Michael J. Zbiegien, Jr. | Taft Law In 1993, the U.S. Supreme Court established the standard for determining the admissibility of expert testimony in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579. That decision immediately gave rise to a pressing question: How is Daubert pronounced? With a French pronunciation, i.e. “dough bear,” or a more… Continue reading To Daubert Or Not To Daubert — That Is The Question: Sixth Circuit Weighs In On Expert Standards At Class Certification