Robert J. Huber | Stinson Leonard Street LLP | January 19, 2016 Contractors have once again been reminded of the harsh consequences of failing to follow the claim procedures specified in their contracts. In Contractors Edge, Inc. v. City of Mankato, the Minnesota Court of Appeals rejected a contractor’s claim for extra compensation because, despite providing… Continue reading Contractor Stumbles over Contract’s Claim Procedures
Month: January 2016
When Product Liability Meets the Uniform Commercial Code
Tori S. Levine | Wilson Elser | January 19, 2016 Clients who are first introduced to the concept of strict liability in the context of a product liability lawsuit are often shocked to learn they can be held liable for a product defect simply because they sold the defective product. The first question we always… Continue reading When Product Liability Meets the Uniform Commercial Code
“My Bad, I Thought It Was in Good Faith” is Not Good Enough – Contractor Ordered to Pay Prompt Payment Penalties
David A. Harris and Jesse M. Sullivan | Haight Brown & Bonesteel LLP | January 15, 2016 Retention clauses are almost always included in California construction contracts and permit an Owner to withhold a portion of what is owed to the General Contractor as security to ensure the proper completion of the work. General Contractors… Continue reading “My Bad, I Thought It Was in Good Faith” is Not Good Enough – Contractor Ordered to Pay Prompt Payment Penalties
Mediator’s Moment—Obstacles to Successful Mediation
C. Jean Stewart | Holland & Hart LLP | January 19, 2016 A successful mediation requires that the parties feel satisfied both with the process and with the outcome. Several obstacles can interfere with the parties reaching satisfaction on either or both standards. Counsel often contribute to this failure. Here are some tips on avoiding… Continue reading Mediator’s Moment—Obstacles to Successful Mediation
The Arbitrability Of Statutes Of Limitations In Reinsurance Disputes
Robert W. DiUbaldo and Jeanne M. Kohler | Carlton Fields | January 25, 2016 Whether a particular jurisdiction’s statute of limitations provides a reinsurer with a valid basis to deny payment of a cedent’s claim is sometimes a hotly-contested issue. Where a dispute is litigated in state or federal court, a reinsurer may argue that… Continue reading The Arbitrability Of Statutes Of Limitations In Reinsurance Disputes