Pierre Grosdidier | Haynes and Boone LLP | November 5, 2018 Two cases from Houston appellate courts show the relatively high bar that breach of contract claims must meet to satisfy the discovery rule. The cases show that parties in the construction industry must mind the details and cede no opportunity to confirm contractual performance… Continue reading Construction Law Practice Tip: The Discovery Rule Bar is High for Breach of Contract Claims
Month: November 2018
How Can the Schedule of Locations Affect Your Claim?
Jennifer Van Voorhis | Property Insurance Coverage Law Blog | November 11, 2018 A ‘schedule of location’ lists property locations where insured assets are located. A homeowner’s policy will list the house, possibly an additional structure. A business policy, when drafted properly, will list all locations insured under the policy where a business loss can… Continue reading How Can the Schedule of Locations Affect Your Claim?
Why You Should Think Twice Before Withholding Payment From Your Subcontractor
Katlyn L. Gregg | Procopio Cory Hargreaves & Savitch LLP | October 18, 2018 As anyone involved in even the most straightforward construction project is aware, payment disputes frequently arise between contractors. If you are in the middle of the payment dispute, it may seem practical to withhold all payment to the subcontractor until the dispute is… Continue reading Why You Should Think Twice Before Withholding Payment From Your Subcontractor
Court Finds That Limitation on Conditional Use Permit Results in Covered Property Damage Due to Loss of Use
Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel LLP | October 30, 2018 In Thee Sombrero, Inc. v. Scottsdale Ins. Co. (No. E067505, filed 10/25/18), a California appeals court held that a property owner’s loss of the ability to use his property as a nightclub, based on revocation of a city’s conditional use permit… Continue reading Court Finds That Limitation on Conditional Use Permit Results in Covered Property Damage Due to Loss of Use
Termination & Limitation of Liability Clauses: Proceed with Caution
Marcus Augustine | Bradley | October 31, 2018 Contractors and subcontractors expect to be paid, and, when contracts are terminated, the termination provisions play a critical role in determining payment. Just as important to contractors and subcontractors is limiting liability as much as possible. In a recent case, Atos IT Solutions and Services v Sapient Canada… Continue reading Termination & Limitation of Liability Clauses: Proceed with Caution