Whitney T. Judson | Kilpatrick Townsend & Stockton | April 3, 2019 Resolution of construction disputes oftentimes involves the unravelling of complex issues, and requires the analyses and opinions of expert witnesses in various industries related to the project. For these reasons, retaining an expert consultant as soon as litigation is imminent can truly be… Continue reading Timing Is Everything: How Early Retention of Expert Consultants Can Make Or Break Your Construction Claim
Month: April 2019
Hidden Damage from Wildfire Claims
Derek Chalken | Property Insurance Coverage Law Blog | April 4, 2019 Losses from wildfires across the United States over the past decade have added up to $5.1 billion.1 In addition to damage typically expected from fires (smoke, soot, ash, water from fire-fighting hoses and extinguisher chemicals), some homeowners may face the additional risk of damage… Continue reading Hidden Damage from Wildfire Claims
California Case That Reads Like Russian Novel Results in Less Than Satisfying Result for Both Project Owner and Contractors
Garret Murai | California Construction Law Blog | April 3, 2019 Sometimes you can see a train wreck coming a mile away. The next case, Design Built Systems v. Sorokine, Court of Appeal for the First District, Case Nos. A151264 and A152059 (February 26, 2019), is one of those cases. It also happens to read like a… Continue reading California Case That Reads Like Russian Novel Results in Less Than Satisfying Result for Both Project Owner and Contractors
Developers Face New Climate Change Initiatives to Decarbonize Buildings
Peter Hsiao, Brandon Mullings-Whitaker, Les Oakes and Ilana Saltzbart | King & Spalding | April 1, 2019 Developers and landlords faced the first generation of “green building” initiatives with LEED (Leadership in Energy and Environmental Design) certification and EPA’s Energy Star programs. Now, the states are ready to embark on new initiatives to address the… Continue reading Developers Face New Climate Change Initiatives to Decarbonize Buildings
Application of Frye Test to Determine Admissibility of Expert
David Adelstein | Florida Construction Legal Updates | February 2, 2019 Florida went back to the Frye test/standard, instead of the Daubert test utilized in federal court, to determine the admissibility of expert testimony. The Frye test is more favorable to plaintiffs because it applies when an expert renders an opinion based on new or novel scientific principles. See D.R. Horton, Inc. v. Heron’s Landing Condominium Ass’n… Continue reading Application of Frye Test to Determine Admissibility of Expert