Month: December 2013
Lien Equals Security Interest, but Lien Does Not Equal Proof of Amount Due
Stanley A. Martin – November 20, 2013 A lien claimant has learned the hard way that proof of the amount due must be established at trial, and one cannot simply rely on the existence of the lien claim to prove what is due. Absent the necessary proof, the lien will be dismissed. Mechanic’s liens are… Continue reading Lien Equals Security Interest, but Lien Does Not Equal Proof of Amount Due
Can an Insurer Raise an Exclusion After the Denial Letter?
Christopher Nahas – November 27, 2013 Is an Insurer’s right to raise a policy exclusion waived when it fails to identify the exclusion in its denial letter or disclaimer? Not in New York. In fact, this is the case in most jurisdictions. Generally, the doctrines of waiver and estoppel are not applicable in the context… Continue reading Can an Insurer Raise an Exclusion After the Denial Letter?
No Negligence Without Some Control
Alston & Bird – November 25, 2013 Construction sites are, well, construction sites. Even with good efforts to keep them tidy and organized, construction sites are likely to have some debris and materials in places other than the designated areas. But what happens when non-workers are injured at the construction site may be dependent on… Continue reading No Negligence Without Some Control
Construction Records Key to Defending Defect Claims
Matt Dunning – November 20, 2013 Although most contractors acknowledge that maintaining thorough contractual and operation records can greatly reduce the severity of construction defect claims, insurance experts said Wednesday that lack of documentation among their clients remains a pervasive issue. In 2012, in four out of five construction defect disputes involving Hartford, Conn.-based Travelers… Continue reading Construction Records Key to Defending Defect Claims