Garret Murai | California Construction Law Blog | December 19, 2016 As we count down the remaining days of 2016 (thank God) it’s time to think about what the new year will bring (I’m good with pretty much anything at this point). The economists at Dodge Data & Analytics have a few predictions. According to their… Continue reading 2017 Construction Outlook: Slow, Mature Growth, but No Decline, Expected
Month: December 2016
Construction Law – What to Know About Substantial Performance
J. Norman Stark | December 12, 2016 In every construction contract and construction project, the term “substantial performance” is frequently referred to as “substantial completion”. This term, derived from custom and judicial precedent, rather than statutes, provides that when the work has been completed, even imperfectly, such performance warrants payment. In construction claims, most legal… Continue reading Construction Law – What to Know About Substantial Performance
Keep it Simple – Conflicting Arbitration Agreements Can Cancel Each Other Out
Claire Stockford and Jane Wessel | Shepard and Wedderburn LLP | December 8, 2016 Those who still treat dispute resolution clauses as “3am clauses”, to be hurriedly agreed at the last minute just before the deal is to be signed, should heed the lesson handed down by the US Court of Appeals for the Tenth… Continue reading Keep it Simple – Conflicting Arbitration Agreements Can Cancel Each Other Out
Benefit to Insureds under Property Insurance Policy – Concurrent Cause Doctrine
David Adelstein | Florida Construction Legal Updates | December 2, 2016 The Florida Supreme Court in Sebo v. American Home Assurance Co., Inc., 41 Fla. L. Weekly S582a (Fla. 2016) gave really good news to claimants seeking recovery under a first-party all-risk property insurance policy. The Court held that the concurrent cause doctrine and not… Continue reading Benefit to Insureds under Property Insurance Policy – Concurrent Cause Doctrine
Following Pennsylvania Trend, Federal Court Finds No Coverage For Construction Defects
Tred R. Eyerly | Insurance Law Hawaii | December 5, 2016 Bound by Pennsylvania law, the federal district court found there was no coverage for defects in the installation of a roof. State Farm Fire & Cas. Co. v. Kim’s Asia Constr., 2016 U.S. Dist. LEXIS 138915 (E.D. Pa. Oct. 5, 2016). Kim’s Asia Construction contracted… Continue reading Following Pennsylvania Trend, Federal Court Finds No Coverage For Construction Defects