Joe Imperiale | The Dispute Resolver | March 2, 2017 Construction litigation is expensive. Why? Because construction cases usually involve complex technical issues with lots of documents. Knowing that, it only makes sense for a party facing litigation or arbitration to try to settle the case by negotiation and mediation. If that is not possible,… Continue reading Before You Litigate Your Construction Case, Test It!
Month: March 2017
Construction Defect Claims– Good Workmanship Defined
J. Norman Stark | March 6, 2017 Construction contracts and documents prepared by architects and engineers most frequently use and refer to the term “workmanlike manner”. This term, an industry standard, refers to the desired and acceptable standard of quality of work and materials on a construction project. While courts may vary in their findings;… Continue reading Construction Defect Claims– Good Workmanship Defined
Economic Damages and the Right to Repair Act : You Can’t Have it Both Ways
Garret Murai | California Construction Law Blog | March 6, 2017 In 2002, the California State Legislature passed Senate Bill 800 also known as the Right to Repair Act (Civil Code Sections 895 et seq.) in an effort to stem a then rising tide in residential construction defect litigation. SB 800, which applies to newly… Continue reading Economic Damages and the Right to Repair Act : You Can’t Have it Both Ways
Additional Insured Not Entitled to Indemnity Coverage For Damage Caused by Named Insured
Tred Eyerly | Insurance Law Hawaii | February 15, 2017 The additional insured unsuccessfully sought to recover damages to its building caused by the named insured. Brit UW, Ltd. v. Tripar, Inc., 2017 U.S. Dist. LEXIS 2462 (N.D. Ill. Jan. 6, 2017). Davis Russell Real Estate and Management LLC hired Tripar, Inc., a general contractor, to… Continue reading Additional Insured Not Entitled to Indemnity Coverage For Damage Caused by Named Insured
Are Formal Floor Inspections Worth It?
Stacy D. Fulco and Donna Simms | The CLM Magazine | February 2017 Developing a Program to Reduce Incidents and Win Summary Judgments The primary question on every examiner and in-house attorney’s mind when reviewing a new claim is whether there is a potential for summary judgment. The answer to that one question often determines… Continue reading Are Formal Floor Inspections Worth It?