Lyndsey Torp | Snell & Wilmer | May 16, 2019 In reversing summary judgment for defendants, the California Fourth District Court of Appeal recently held that homeowners suing their real estate broker for negligence did not need an expert witness to establish the elements of their causes of action. Ryan v. Real Estate of the Pacific,… Continue reading That’s Common Knowledge! Failure to Designate an Expert Witness in a Professional Negligence Case is Not Fatal Where “Common Knowledge” Exception Applies
Month: June 2019
Trial Court’s Award of Contractual Fees to Public Adjuster Overturned
Tred R. Eyerly | Insurance Law Hawaii | April 29, 2019 A judgment awarding the public adjuster his compensation for work performed under contract was remanded for further proceedings by the Hawaii Intermediate Court of Appeals. Joslin v Ota Camp-Makibaka Ass’n, 2019 Haw. App. LEXIS 155 (Haw. Ct. App. April 5, 2019). … Continue reading Trial Court’s Award of Contractual Fees to Public Adjuster Overturned
Liability Insurer’s Duty to Defend Insured is Broader than its Duty to Indemnify
David Adelstein | Florida Construction Legal Updates | May 3, 2019 When it comes to liability insurance, an insurer’s duty to defend its insured from a third-party claim is much broader than its duty to indemnify. This broad duty to defend an insured is very important and, as an insured, you need to know this. “A liability insurer’s obligation,… Continue reading Liability Insurer’s Duty to Defend Insured is Broader than its Duty to Indemnify
Practical Completion: Clarifying A “Trifling” Topic
Kiran Giblin and Kevin Greene | K&L Gates | June 5, 2019 In the recent case of Mears v Costplan [2019] EWCA Civ 502, the Court of Appeal provided significant clarity as to how courts should interpret the widely used but seldom defined term, “practical completion” in the context of construction contracts. In essence, it was held… Continue reading Practical Completion: Clarifying A “Trifling” Topic
Court Holds That Public Entity Can Unilaterally Replace Subcontractor Under California’s Subletting and Subcontracting Fair Practices Act
Garret Murai | California Construction Law Blog | June 10, 2019 The Subletting and Subcontracting Fair Practices Act (Public Contract Code section 4100 et seq.), also known as the Listing Law, is intended to prevent direct contractors on public works projects from “bid shopping” and “bid peddling.” Bid Shopping: Bid shopping is when a direct contractor discloses… Continue reading Court Holds That Public Entity Can Unilaterally Replace Subcontractor Under California’s Subletting and Subcontracting Fair Practices Act