Eugene J. Heady – May 3, 2013 In tough economic times it is not surprising to see an increase in subcontractor claims related to unpaid invoices or applications for payment. It is also not surprising that prime contractors increasingly armor plate their subcontracts to shield against subcontractor payment claims when the payment claim arises as… Continue reading Chipping Away at the Armor of Pay-if-Paid Provisions
Month: May 2013
Advisory Jury Verdicts: Why Go Before the Jury In the First Place?
Ashley Smith – May 2, 2013 Trial attorneys can comment at length about the countless hours, resources and mental exhaustion that go into preparing and trying a case before a jury. Why would anyone submit themselves, or their client, to the pains of a jury trial if, after the jury returns a verdict, the court… Continue reading Advisory Jury Verdicts: Why Go Before the Jury In the First Place?
The “Occurrence” Debate Continues: Pennsylvania and North Dakota Edition
Aaron Mandel and Stevi Raab – April 30, 2013 As noted in our previous installment of CDCQ, the “occurrence” issue is one of the most hotly litigated topics in construction defect coverage cases. This last quarter was no exception. Two recent cases addressing this issue – and reaching opposite results when it comes to whether… Continue reading The “Occurrence” Debate Continues: Pennsylvania and North Dakota Edition
When Does an “Occurrence” Occur?
Jerome Sturhahn – May 1, 2013 Two federal courts in Denver recently addressed a fundamental question that exists in almost every construction defect case – when did the property damage that gives rise to liability, and the insurer’s obligation, occur? The answer to the question of when the damage occurred helps determine which policy is… Continue reading When Does an “Occurrence” Occur?
Idaho Supreme Court Holds There is Coverage for Attorney’s Fees even Though There are No Covered Damages
Matthew E. Hedberg – April 30, 2013 Last week, the Idaho Supreme Court held that Employers Mutual Casualty Company is required to cover attorney’s fees awarded against a builder that it defended against faulty workmanship claims, even though the court found the insurer had no duty to cover damages in the underlying suit. The underlying… Continue reading Idaho Supreme Court Holds There is Coverage for Attorney’s Fees even Though There are No Covered Damages