David Adelstein | Florida Construction Legal Updates | April 13, 2019 Arbitration provisions are enforceable and they are becoming more challenging to circumvent, especially if one of the parties to the arbitration agreement wants to arbitrate a dispute versus litigate a dispute. Remember this when agreeing to an arbitration provision as the forum for dispute resolution… Continue reading Arbitration Provisions are Challenging to Circumvent
Month: May 2019
Tennessee Supreme Court Holds That Replacement Cost Less Depreciation Does Not Allow for Depreciation of Labor When Calculating Actual Cash Value of a Property Loss
Heidi Hudson Raschke | Property Casualty Focus | May 2, 2019 Insurance policies are designed to indemnify an insured by putting the policyholder in the same position he or she would have been in had no loss occurred. In the context of property insurance policies, damaged property is typically valued based on its estimated actual… Continue reading Tennessee Supreme Court Holds That Replacement Cost Less Depreciation Does Not Allow for Depreciation of Labor When Calculating Actual Cash Value of a Property Loss
Contractor’s Third Party Beneficiary Claim Dismissed Against Designer Where Designer’s Contract with Owner Lacked Clear Intent to Benefit the Contractor
Luke Eaton | Constructlaw | May 14, 2019 In November 2009, Tropical Storm Ida hit El Salvador, causing flooding, landslides, and the destruction of homes, roads, bridges, schools, health clinics, and other infrastructure. The United States Agency for International Development (“USAID”) provided $25 million in funding to rebuild damaged infrastructure. USAID retained Defendant CDM International… Continue reading Contractor’s Third Party Beneficiary Claim Dismissed Against Designer Where Designer’s Contract with Owner Lacked Clear Intent to Benefit the Contractor
The Top 10 Horrible, Terrible No Good Mistakes Lawyers Make in Construction Mediations: #10
David Taylor | Bradley Arant Boult Cummings LLP | May 14, 2019 Effective representation of clients in construction mediations takes more than throwing together a mediation statement at the last second and showing up at the mediation. Doing it right requires the same kind of due diligence and work that goes into preparing for a… Continue reading The Top 10 Horrible, Terrible No Good Mistakes Lawyers Make in Construction Mediations: #10
Arbitration Provision In Insurance Policy Applies Because Federal Arbitration Act Supersedes State Law Making Such Clauses Illegal
Chip Merlin | Property Insurance Coverage Law Blog | May 15, 2019 “Oh, Boy!” was my first thought after reading a case which holds that those arbitration agreements requiring policyholders to arbitrate in far-away places could not be stopped by state law. Congress should stop this, and state legislators should write laws to ban those… Continue reading Arbitration Provision In Insurance Policy Applies Because Federal Arbitration Act Supersedes State Law Making Such Clauses Illegal