Failure to Follow Claims Procedure was an Irrevocable Waiver of the Claim

Stan Martin | Commonsense Construction Law LLC | February 3, 2016 Consider this sentence: “courts cannot decide cases of contract interpretation on the basis of what is just or equitable.” Contractors are reminded, via an Ohio Court of Appeals decision, that claim deadlines and waiver language will be applied when the contractor is late in… Continue reading Failure to Follow Claims Procedure was an Irrevocable Waiver of the Claim

Too Little, Too Late: The Harsh Bright Line of Suit Limitation Provisions

Zachary D. Ludens | PropertyCasualtyFocus | February 5, 2016 Approximately twenty percent of Americans have been classified as chronic procrastinators, which means one in five policyholders faces a potential problem when suing for coverage.  While the statute of limitations for breach of contract varies by state, it is typically three years or more.  However, insurance policies… Continue reading Too Little, Too Late: The Harsh Bright Line of Suit Limitation Provisions

Common Sense Prevails: State of Collapse Nonexistent Thirteen Years before Discovery of Decay

Craig Bennion | Property Insurance Law Observer | February 8, 2016 For years, property insurance policies that exclude rot damage have been called upon to cover rot because the policies extend coverage to “collapse”—an undefined term—caused by hidden decay, even if the structure remains standing and in use. The Homeowners Association of the Queen Anne… Continue reading Common Sense Prevails: State of Collapse Nonexistent Thirteen Years before Discovery of Decay

Is it the Dawning of the Age of Strict Products Liability for Contractors in California?

Garret Murai | California Construction Law Blog | February 9, 2016 It was the Age of Aquarius. And everything was changing. Politically, socially . . . andlegally. Through the 19th Century the doctrine of caveat emptor, literally “let the buyer beware,” was the rule of law. Under the doctrine a buyer was expected to protect… Continue reading Is it the Dawning of the Age of Strict Products Liability for Contractors in California?

Stop Notices and Mechanic’s Liens: Construction Lenders’ Nightmares

John L. Hosack, Esq. and Jason e. Goldstein, Esq. | Buchalter Nemer | February 2016 I. Introduction Historically low interest rates have led to the substantial growth in real estate lending, especially construction lending. Unfortunately, the lead article in the Business Section of the January 28, 2016, issue of the Los Angeles Time was “Fears… Continue reading Stop Notices and Mechanic’s Liens: Construction Lenders’ Nightmares

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