Advise & Consult, Inc. – October 2, 2012 Commercial buildings now have until 2015 to comply with the Environmental Protection Agency’s Lead: Renovation, Repair and Painting Rule. This rule has been surrounded by controversy, basically since its inception. Originally, it was to include all contractors doing any renovation on pre-1978 residential and commercial buildings with… Continue reading EPA’s Lead: Renovation, Repair and Painting Rule Pushed to 2015
Month: October 2012
Texas High Court Hands Victory to Austin Architect in Liability Case
Barry Harrell – August 31, 2012 The Texas Supreme Court on Friday handed a legal victory to Austin architect Sinclair Black as the high court declined to hear the appeal of a McKinney woman who was partially paralyzed in a 2004 balcony collapse that she had alleged was partly Black’s fault. By declining to hear… Continue reading Texas High Court Hands Victory to Austin Architect in Liability Case
Construction Defect Claims: An Update [Part 1]
Thomas F. Segalla, Matthew S. Lerner and Han K. Kim – October 1, 2012 Construction defect coverage and liability litigation continues to be jurisdictionally specific and dictated by the relevant terms, conditions, limitations, exclusions and endorsements contained in the policy of insurance at issue. An assessment of the cases reported in this update indicates that… Continue reading Construction Defect Claims: An Update [Part 1]
No Appeal for Expert Witness Third Wheel
Maggie Tamburro – October 2, 2012 The ruling experts and attorneys often dread: “The expert’s proffered testimony is not the product of reliable principles and methods as established under Daubert and is therefore excluded as inadmissible.” A failed Daubert challenge is tantamount to never making it out of the starting gate. It often results in the granting of… Continue reading No Appeal for Expert Witness Third Wheel
Florida State Appellate Court Rules that an Appraisal Award Constitutes a “Favorable Resolution” for Purposes of Bringing a Bad Faith Claim
Thomas M. Contois and Rebecca S. Liu – September 21, 2012 In Trafalgar at Greenacres, Ltd. v. Zurich American Insurance Company, No. 4D11-1376, 2012 WL 3822215, *1 (Fla. Dist. Ct. App. Sept. 5, 2012), the Florida Fourth District Court of Appeal, applying Florida law, overturned the trial court’s summary judgment order and held that an… Continue reading Florida State Appellate Court Rules that an Appraisal Award Constitutes a “Favorable Resolution” for Purposes of Bringing a Bad Faith Claim