James T. Dixon, P. Wesley Lambert and Amanda M. Leffler | Brouse McDowell | May 6, 2017 Despite the potential financial significance to the contracting parties, the drafting, review, and approval of insurance provisions in construction contracts is frequently delegated to non-lawyers or simply ignored. Other times, the parties insert boilerplate language, such as the… Continue reading Waiver of Subrogation Provisions in Construction Contracts
Month: May 2016
Three Rules for Every Change on Every Construction Project
Maureen B. Moss and Patrick M. Miller | Faegre Baker Daniels | April 27, 2016 A construction contract without a changes clause is like a boat without a captain. The boat will never reach its destination, and the construction project will never reach proper completion. The changes clause protects owners against scope and price increases… Continue reading Three Rules for Every Change on Every Construction Project
California to Decide Whether Policyholder Attorney Fees Are Included to Calculate Punitive Damages
Kevin Pollack | Property Insurance Coverage Law Blog | May 5, 2016 The California Supreme Court heard oral argument recently on an issue that is important to insurance policyholders forced to sue their insurers for bad faith and punitive damages: Whether an award of attorney fees should be included as compensatory damages for purposes of… Continue reading California to Decide Whether Policyholder Attorney Fees Are Included to Calculate Punitive Damages
First Department Finds Forum Selection Clause in Earlier Agreement Valid Despite Later Agreement Providing for Arbitration
Peter J.W. Sherwin and Alyse F. Stach | Proskauer Rose LLP | May 4, 2016 In a 3-2 split decision, a New York appellate court determined that a forum selection clause providing for litigation in New York courts had not been explicitly terminated and thus trumped agreements to submit to arbitration in London provided in… Continue reading First Department Finds Forum Selection Clause in Earlier Agreement Valid Despite Later Agreement Providing for Arbitration
Wrongful denial of insurance coverage in FL: how do bad faith claims work?
Charles B. Jimerson and Jennifer Proscia | Jimerson & Cobb P.A. | May 4, 2016 When you purchase an insurance policy, your expectation is that you will be covered in unanticipated circumstances. However, if your insurer ends up denying your coverage for a legitimate claim filed under a valid policy, the insurer might be acting… Continue reading Wrongful denial of insurance coverage in FL: how do bad faith claims work?