Seth I. Weinstein | Lewis Brisbois | March 9, 2018 While the weather has temporarily warmed in parts of the Northeast, January brought bitter cold temperatures throughout the East Coast and elsewhere. A deluge of claims have followed associated with frozen pipes. Many claim disputes pertain to whether an insured utilized “best efforts,” “due diligence,”… Continue reading Effective Use Of Examinations Under Oath In Pipe Freeze Claims
Month: March 2018
The Importance of Timely and Proper Notice of a Claim Under a Contract
Michael Wilson | Greensfelder Hemker & Gale PC | February 22, 2018 The author has practiced construction law for nearly 40 years and continues to be amazed or disappointed, as the case may be, by the frequency of one type of problem: Non-compliance with what are usually simple contract terms for giving notice of a… Continue reading The Importance of Timely and Proper Notice of a Claim Under a Contract
“Good Faith” May Not Be Good Enough: California Supreme Court to Decide When General Contractors Can Withhold Retention
Erinn Contreras and Joy O. Siu | Construction & Infrastructure Law Blog | March 7, 2018 It is industry standard in California for owners of a construction project to make monthly payments to a contractor for work it has completed, less a certain percentage that is withheld as a guarantee of future satisfactory performance. This… Continue reading “Good Faith” May Not Be Good Enough: California Supreme Court to Decide When General Contractors Can Withhold Retention
Are You Sure You’re an “Additional Insured”? The Second Circuit Says You May Not Be
Pillsbury Winthrop Shaw Pittman LLP | March 6, 2018 In a previous blog post we discussed a New York trial court decision in which the court granted additional insured status to entities that did not contract with the named insured, but were referenced by category in the named insured’s subcontract. But before concluding you’ve got additional insurance,… Continue reading Are You Sure You’re an “Additional Insured”? The Second Circuit Says You May Not Be
Pre-Suit Notice of Construction Defect Claims Constitutes a Suit
Alexandra V. Dattilo | Brouse McDowell | March 1, 2018 Insurers and policyholders continue to debate the age-old question vital to the determination of insurance coverage – what triggers the insurer’s duty to defend? States are complicating this question by enacting various statutes that provide individuals avenues to remedy disputes and claims outside of, or… Continue reading Pre-Suit Notice of Construction Defect Claims Constitutes a Suit