Barry Zalma | Zalma on Insurance | July 10, 2018 Negligence in Adjusting Claims is Not Enough to Prove Bad Faith To prove the tort of bad faith it is necessary that the plaintiff prove that the insurer acted with affirmative misconduct without a good faith defense, and that the misconduct must be dishonest, malicious,… Continue reading Bad Faith Requires Misconduct by Insurer That is Dishonest, Malicious, or Oppressive
Month: August 2018
Before the Slip and Fall: Lease Drafting Guidance for Tenants
Scott R. Kipnis | ICSC Some of the most prevalent, mundane, and time- and money-consuming claims that tenants find themselves litigating stem from slip-and-fall accidents in shopping center common areas. The lease between landlord and tenant, specifically the allocation of maintenance obligations as well as indemnification and insurance provisions, is often the determining factor of… Continue reading Before the Slip and Fall: Lease Drafting Guidance for Tenants
California Contractor Spills Coffee on Himself by Failing to Stay Mechanics Lien Action While Pursuing Arbitration
Garret Murai | California Construction Law Blog | July 26, 2018 It bugs the Mrs. that I have a habit of reading the directions. “Just plug the darn thing in!” said the Mrs. when we got a new coffee maker to replace our old one which we’ve had since I think before we were married… Continue reading California Contractor Spills Coffee on Himself by Failing to Stay Mechanics Lien Action While Pursuing Arbitration
No Damages for Delay Clause? How About Damages for a Cardinal Change? Steel Erector Claims its 301 Day Delay Constitutes an Abandonment of the Subcontract and CA Fed Court Agrees.
Brendan Carter, Esq. | The Dispute Resolver | July 28, 2018 Sauer Incorporated (Sauer) entered into a design-build contract with the U.S. Army Corps of Engineers for the design and construction of the Operational Readiness Training Complex at Fort Hunter Ligget, California. Sauer then executed a subcontract with Agate Steel, Inc. (Agate) for the structural steel… Continue reading No Damages for Delay Clause? How About Damages for a Cardinal Change? Steel Erector Claims its 301 Day Delay Constitutes an Abandonment of the Subcontract and CA Fed Court Agrees.
When Your Contract Includes an Arbitration Clause: Who Decides the Arbitrability of the Dispute?
Robert K. Cox | Williams Mullen | July 27, 2018 It is a common situation in the world of construction project disputes – the parties’ contract includes an arbitration clause. One party files a lawsuit in a court over a dispute, and the other party files a motion to stay or dismiss the lawsuit and… Continue reading When Your Contract Includes an Arbitration Clause: Who Decides the Arbitrability of the Dispute?