Anthony J. Cox, Esq. | Wickens Herzer Panza Cook Batista | May 1, 2017 Provisions relating to weather delays in a construction contract are nothing new to most contractors. These provisions usually provide that delays resulting from inclement weather will entitle the contractor or subcontractor to more time to complete the project, and in some… Continue reading Weather Delays – When Are They Compensable
Month: May 2017
Under `Daubert’, It Isn’t Getting Easier To Find a `Reliable’ Expert Witness
Edward M Spiro and Judith L. Mogul | New York Law Journal | April 18, 2017 Almost 25 years after the Supreme Court’s decision in Daubert v. Merrill Dow Pharmaceuticals, 1 recent cases in the Southern District of New York continue to demonstrate the wide latitude that the Daubert standard affords to judges ruling on… Continue reading Under `Daubert’, It Isn’t Getting Easier To Find a `Reliable’ Expert Witness
Deconstructing Construction Claims (Part 1)
Mary Furst and James McCurley | California Lawyer | May 8, 2017 Forensic accountants explain the methodology to properly analyze economic losses that allegedly flow from construction defects. Complex construction defect cases usually include architects, engineers and contractors, some of whom may be the claimants, some the responding parties, and some serving as expert witnesses.… Continue reading Deconstructing Construction Claims (Part 1)
Oregon Supreme Court Revives Century-Old Statute to Award Attorney’s Fees to Policyholder
Jason Morris | PropertyCasualtyFocus | May 5, 2017 The general rule regarding a party’s responsibility for legal fees in U.S. courts, known as the “American Rule,” provides that, barring a contrary contractual obligation or statute, each party is responsible for its own legal fees, regardless of a dispute’s outcome. Although statutory exceptions to this rule… Continue reading Oregon Supreme Court Revives Century-Old Statute to Award Attorney’s Fees to Policyholder
What Is Inefficient Risk Transfer? The Use of Indemnification in Construction Contracts
Matthew DeVries | Burr & Furman LLP | May 3, 2017 As a father of seven children, I am always being asked to determine the “responsible party” when something breaks, gets lost, or is simply missing. In parenting, there is no written contract between the adult and to child to transfer the responsibility for the… Continue reading What Is Inefficient Risk Transfer? The Use of Indemnification in Construction Contracts