J. Norman Stark | Legally Speaking | March 31, 2016 Construction defect and legal liability due to defective construction documents – the plans and specifications, has been the subject of many highly contested claims. Who is to bear the brunt and loss – the Owner, Architect, Engineer, or Contractor? Construction Law Cases The landmark construction… Continue reading Construction Defects – Defective Plans and Specifications
Month: April 2016
Design Errors Exception to the Economic Loss Doctrine
Carly Miller | Bradley Arant Boult Cummings LLP | March 23, 2016 A recent Pennsylvania case, Gongloff Contracting, LLC v. L. Robert Kimball & Assocs., Architects and Engineers, Inc., sheds light on circumstances in which design errors can lead to damages in tort as courts recognize exceptions to the economic loss doctrine for such errors… Continue reading Design Errors Exception to the Economic Loss Doctrine
4 Types Of Evidence To Bolster Your Bad Faith Case
Jeff Sistrunk | Law 360 | March 21, 2016 For policyholders, bad faith claims are perhaps the strongest tool to deter insurance companies from denying coverage without proper justification or unreasonably delaying its decision on a claim. However, definitively proving that a carrier acted in bad faith can often be an uphill battle. Here, experts… Continue reading 4 Types Of Evidence To Bolster Your Bad Faith Case
Agreements to Arbitrate Are Simple, Right?
Ira M. Schulman | Pepper Hamilton LLP | March 31, 2016 The construction industry has been a leader in the use of arbitration to resolve disputes. In the past 30 years, it is fair to say that arbitration has outpaced litigation as the dominant method of dispute resolution. The protracted time for a construction case… Continue reading Agreements to Arbitrate Are Simple, Right?
Six Red Flag Indicators of Reverse Bad Faith
CJ Haddick | Bad Faith Advisor | March 28, 2016 While the debate still goes on across jurisdictions as to whether and how the reverse bad faith of an insured serves as a defense to an insurer in a bad faith case, that reverse bad faith has a place of some sort in bad faith litigation… Continue reading Six Red Flag Indicators of Reverse Bad Faith