Adele Ridenour | The Policyholder Report | May 11, 2017 Yesterday, the Oregon Court of Appeals dealt a hefty blow to insurance companies seeking to exclude coverage for property damage to multi-family dwellings and for awards of attorney fees. In Hunters Ridge Condominium Ass’n v. Sherwood Crossing, LLC, the Oregon Court of Appeals held that… Continue reading Not so Fast Insurance Company, that Judgment Against your Insured May in Fact be Covered
Month: May 2017
Massachusetts Appeals Court: GC’s Non-Payment for a Scope Dispute with Subcontractor is a Willful Act, but not an Intentional One
Brendan Carter | The Dispute Resolver | May 13, 2017 The plaintiff in D.A. Sullivan & Sons, Inc.V. City of Springfield was a general contractor who contracted with the defendant for a public-school construction project in Springfield, MA. Subsequently, the plaintiff contracted with a subcontractor to perform certain finish work on the project. During the… Continue reading Massachusetts Appeals Court: GC’s Non-Payment for a Scope Dispute with Subcontractor is a Willful Act, but not an Intentional One
Washington Supreme Court Applies the Efficient Proximate Cause Rule to Third Party Liability Policy to Find a Duty to Defend
Sally S. Kim | Gordon & Rees LLP | May 11, 2017 The efficient proximate cause rule is one of the more confusing analyses that an insurance company must undertake when investigating certain coverage issues under first party insurance policies. And until now, the efficient proximate cause rule has only been applied to first party… Continue reading Washington Supreme Court Applies the Efficient Proximate Cause Rule to Third Party Liability Policy to Find a Duty to Defend
Looking for an Excuse? Here Are Four Excusable Delays for Construction Projects
Matthew C. Olsen | Faegre Baker Daniels | May 11, 2017 No commercial construction project is immune to delays. Some delays to the critical path of a project may be outside the control of the parties. If this is the case, the delay may be considered “excusable,” meaning the parties 1) share the risk of… Continue reading Looking for an Excuse? Here Are Four Excusable Delays for Construction Projects
When Is Mandatory Arbitration Not Mandatory?
Christopher G. Hill | Construction Law Musings | April 5, 2017 I have discussed my views on mandatory mediation in construction contracts at other places here at Musings and also discussed how the contract is king here in Virginia. A recent Charlottesville, Virginia Circuit Court case combined these two concepts to allow a subcontractor to… Continue reading When Is Mandatory Arbitration Not Mandatory?