Kenneth Rubenstein | PretiFlaherty | June 30, 2015 The American Arbitration Association has issued revised Construction Industry Rules and Mediation Procedures, which are intended to provide “a more streamlined, cost-effective and tightly managed process.” Some of the most significant amendments include: A mediation step for all cases with claims of $100,000 or more (with both… Continue reading New American Arbitration Association Construction Industry Arbitration Rules in Effect July 1
Month: July 2015
Is Matching Required in Missouri?
Brandee Bower | Property Insurance Coverage Law Blog | June 29, 2015 In the area of property damage law, one of the hot topics these days is matching. If only a portion of a structure is damaged and the material to be used to repair or replace the damaged portion is no longer available, is the… Continue reading Is Matching Required in Missouri?
What Exactly Was Excluded? Proffering Expert Opinions to Preserve Daubert/Frye Challenges
Dean Morande | Carlton Fields Jorden Burt | June 17, 2015 Most practitioners would agree that, if the court excludes an expert based on a Daubert challenge—and that is the only expert opining on a subject—then in most instances there should be no need to proffer the expert’s testimony in order to preserve any potential error… Continue reading What Exactly Was Excluded? Proffering Expert Opinions to Preserve Daubert/Frye Challenges
Beware Design Professionals- Construction Defect Litigation is not just for Subcontractors Anymore
Allison M. Martin | Newmeyer & Dillion LLP | June 10, 2015 In Beacon Residential Community Assn v. Skidmore, Owings & Merrill LLP (2014) 59 Cal.4th 568, the California Supreme Court issued a broad ruling creating potentially extensive liability for architects who are the principal designers of residential projects. The Court held that such design… Continue reading Beware Design Professionals- Construction Defect Litigation is not just for Subcontractors Anymore
Federal Court in Texas Grants Insurer’s Summary Judgment on Water Damage Exclusion
George B. Hall, Jr. | Phelps Dunbar LLP | June 17, 2015 A federal court in Texas granted summary judgment to an insurer based on a water damage exclusion that it did not owe coverage for damages resulting from the back-up of water or sewage from outside a plumbing system. Durrett v. Nationwide Property & Cas.… Continue reading Federal Court in Texas Grants Insurer’s Summary Judgment on Water Damage Exclusion