Craig Bennion | Property Insurance Law Observer | July 15, 2016 In February this blog commented on Washington State’s newly-adopted definition of “collapse” in property insurance policies that contain no specific definition of the term. (Observer, February 8, 2016, Common Sense Prevails: State of Collapse Nonexistent Thirteen Years before Discovery of Decay) At issue was… Continue reading More Common Sense: Coverage for Collapse Requires More Than an Engineer’s Finding of Substantial Impairment
Month: July 2016
Drafting Enforceable Termination for Convenience Clauses
John Benjamin Patrick | Gordon & Rees LLP | July 13, 2016 We all know what purpose a termination for convenience clause is supposed to serve: if circumstances have changed such that the owner (or, in the case of a subcontract, the general contractor) believes it is no longer advisable to proceed, the contract is… Continue reading Drafting Enforceable Termination for Convenience Clauses
Forum-Selection Clauses in Construction Contracts – After Atlantic Marine
Jeffrey R. Appelbaum, Daniel M. Haymond, Erin Luke and Bill Thrush | Thompson Hine LLP | July 11, 2016 Key Notes: Atlantic Marine ruled that forum-selection clauses in construction contracts will control in all but the most exceptional cases In some states, forum-selection clauses are invalid if they require litigation in a jurisdiction other than… Continue reading Forum-Selection Clauses in Construction Contracts – After Atlantic Marine
Western District of Virginia Confronts Several Legal Issues That Frequently Impact Multi-Party Construction Disputes – Economic Loss, Damage to Other Property, Third Party Beneficiary Status, Warranties, Subrogation, and Third-Party Joinder
Robert A. Gallagher | Pepper Hamilton LLP | July 14, 2016 Allstate Insurance Company v. Structures Design/Build, LLC, 2016 U.S. Dist. LEXIS 34349 (WD VA March 17, 2016) This construction dispute case arises from a failed pipe connector that caused water damage to a facility and insured personal property, which Hillel at Virginia Tech, Inc.… Continue reading Western District of Virginia Confronts Several Legal Issues That Frequently Impact Multi-Party Construction Disputes – Economic Loss, Damage to Other Property, Third Party Beneficiary Status, Warranties, Subrogation, and Third-Party Joinder
Colorado Supreme Court to Rule on Yet Another Key Construction Defects Issue
Amy Hansen, Richard Murray and Ryan Warren | Polsinelli | July 12, 2016 On July 5, 2016, the Colorado Supreme Court announced it will consider the construction defects case of Forest City Stapleton, Inc., et al. v. Rogers. In this case the Colorado Court of Appeals, for the first time, imposed an implied warranty of… Continue reading Colorado Supreme Court to Rule on Yet Another Key Construction Defects Issue