Stewart O. Peay and Mark O. Morris – June 28, 2012 Utah law requires that owners’ claims against general contractors and design professionals with whom the owner has direct contracts (collectively referred to hereafter as “generals”) and their respective subcontractors and subconsultants (collectively referred to hereafter as “subs”) for construction and design defects be based… Continue reading Leapfrogging Privity – Preserving Owner-Direct Claims Against Subs
Month: July 2012
Tips on Commercial Roofing Evaluations
Kenneth R. Gilvary – July 3, 2012 Commercial roofing is one of the most demanding areas for expertise in the insurance industry today, as there are millions of commercial structures and hundreds of different roofing systems and variations in application. The history of a building’s roof may have a significant influence on its performance. There… Continue reading Tips on Commercial Roofing Evaluations
An Overview of Minnesota Statutes of Limitation and Repose in Construction Defect Lawsuits
Alex Nelson – June 27, 2012 The Statutes of Limitation and Repose outline the time-frames within which a construction defect action must be brought. A claim not filed or properly asserted within the applicable time period is considered “time barred’, or “stale”, and is subject to dismissal in its entirety. A few important things to… Continue reading An Overview of Minnesota Statutes of Limitation and Repose in Construction Defect Lawsuits
Insurer can Deny Coverage or Reserve Rights, but not Both
Wiley Rein LLP, June 29, 2012 The Supreme Court of Georgia has held that an insurer cannot deny coverage on one ground while reserving the right to deny coverage on other grounds in the future. Hoover v. Maxum Indem. Co., 2012 WL 2217040 (Ga. June 18, 2012). An employee of the insured company suffered a… Continue reading Insurer can Deny Coverage or Reserve Rights, but not Both
S.C. has ‘Very Weak Regulations’ on Property Insurance
Tony Bartelme – June 21, 2012 Take a deep breath and imagine this scene: You walk into a shop, see what you want on the shelf, but notice that there aren’t any prices. Confused, you ask how much the item costs. “Well, it depends on whether we’re selling it today,” the clerk says. When it… Continue reading S.C. has ‘Very Weak Regulations’ on Property Insurance