Joseph M. Fenech, Esq. | Low, Ball & Lynch A homeowners association, on behalf of its members, sued a condominium developer and various other parties for construction design defects that allegedly made their homes unsafe and uninhabitable for a significant portion of the year. Two defendants were architectural firms that allegedly designed the homes in… Continue reading Architects and Design Professionals Can Be Held Liable For Defects Based On Third Party Claims
Month: November 2015
Work Product Protection Extends to Dual Purpose Expert
Seyfarth Shaw LLP | November 9, 2015 Introduction Construction defect cases invariably require the use of experts and other third-parties with specialised knowledge to assist attorneys and clients in numerous ways – namely, in the determination of causation and damages. These third-party experts often generate written reports in which they use their specialised knowledge to… Continue reading Work Product Protection Extends to Dual Purpose Expert
Insurers From Coast to Coast Notch Suit Limitation Victories
Dick Bennett | Property Insurance Law Observer | November 13, 2015 Over the last several months, courts in Washington, Kansas, and Virginia have awarded victories to carriers asserting a suit limitation defense, and there are three valuable takeaways from the decisions. First, the insurer need not demonstrate that it was prejudiced by the failure to… Continue reading Insurers From Coast to Coast Notch Suit Limitation Victories
Depreciation of Labor Class Action — Minnesota Supreme Court Oral Argument
Wystan Ackerman | Robinson & Cole | November 8, 2015 I’ve been following closely a series of class actions around the country alleging that, in calculating the “actual cash value” of property damage under a homeowners or commercial property insurance policy, insurance companies should not be applying depreciation to the labor component of the replacement… Continue reading Depreciation of Labor Class Action — Minnesota Supreme Court Oral Argument
Arbitration: a Comparison of the Pros and Cons
Jonathan A. Berkelhammer | Ellis & Winters | November 2, 2015 The Federal Rules of Civil Procedure were designed to “secure a just, speedy, and inexpensive determination of every action and proceeding.” Fed. R. Civ. P. 1. Yet with the previously “accepted rule that a complaint should not be dismissed for failure to state a… Continue reading Arbitration: a Comparison of the Pros and Cons