Chip Merlin | Property Insurance Coverage Law Blog | May 22, 2018 Overhead and Profit can generate a lot of debate when insurance company adjusters are looking to meet their adjustment severity goals and lower claims payments. But have you ever wondered how those same insurers instruct their sales people to calculate overhead and profit… Continue reading Farmers Insurance Recognizes 25% Contractor Overhead and Profit!
Month: May 2018
California Supreme Court Provides Clarity to California’s Prompt Payment Exception
Timothy L. Pierce and Heather L. Frisch | K&L Gates | May 23, 2018 The California Supreme Court issued an opinion on May 14, 2018 in United Riggers & Erectors, Inc. v. Coast Iron & Steel Co. that resolves a split in authority regarding whether Civil Code Section 8814 excuses prompt payment of retention by an owner… Continue reading California Supreme Court Provides Clarity to California’s Prompt Payment Exception
Foiling the Expert Battle in First-Party Property Cases
Eric K. Bowers and Victoria L. Vish | Zelle LLP | May 11, 2018 Every litigator knows the term “battle of the experts.” This is commonly heard in first-party property cases. Usually the term suggests uncertainty, i.e. that the jury will hear both sides’ experts and simply pick one. But winning the war in these cases… Continue reading Foiling the Expert Battle in First-Party Property Cases
After Turnover Do a Developer’s Actions (or Inaction) Affect an Association’s Construction Defect Claims? YES
Daniel Miske | Husch Blackwell | May 23, 2018 Yes, developers can be lazy, greedy good for nothing con-artists. Developers can also adversely affect the rights of an association by simply doing nothing. Specifically, a developer (owner of the property and declarant of the association) with knowledge of construction defects can prevent the association and/or… Continue reading After Turnover Do a Developer’s Actions (or Inaction) Affect an Association’s Construction Defect Claims? YES
In a Matter of First Impression, the Supreme Court Reverses Trial Court: No “Evident Miscalculation” in Arbitration Award
Katherine Kohm, Esq. | The Dispute Resolver | May 24, 2018 The Supreme Court of Mississippi in D. W. Caldwell, Inc. v. W.G. Yates & Sons Constr. Co., No. 2017-CA-00116-SCT, — So.3d.– (Miss. May 10, 2018) reversed and remanded a trial court’s modification of an arbitration award for “evident miscalculation.” The Supreme Court held that “evident miscalculation… Continue reading In a Matter of First Impression, the Supreme Court Reverses Trial Court: No “Evident Miscalculation” in Arbitration Award