Know When Your Claim “Accrues” or Risk Losing It

Christopher G. Hill | Construction Law Musings | June 3, 2019 I have discussed statutes of limitation on construction claims in various contexts from issues with a disconnect on state projects to questions of continuous breach here at Construction Law Musings.  For those that are first time readers, the statute of limitations is the time during which a plaintiff… Continue reading Know When Your Claim “Accrues” or Risk Losing It

Technology and the Environment Lead Construction Trends That Will Continue Through 2019

Ryan Gould | Construction Executive | March 20, 2019 There are common factors that have always defined trends in the construction industry. Elements such as labor (be it shortages or surpluses), the economy and technology determine what gets built where, when and how.  These elements have led to the rise of entire philosophies to boost… Continue reading Technology and the Environment Lead Construction Trends That Will Continue Through 2019

Claim Denied? Why Picking the Wrong Expert Can Cost You

Ian Dankelman | Property Insurance Coverage Law Blog | June 2, 2019 Picking the right expert has never been more important when fighting an insurance company that has wrongfully denied an insurance claim. The rule for expert admissibility has just changed in Florida and the same concerns about experts apply everywhere. Under the Frye test, a party… Continue reading Claim Denied? Why Picking the Wrong Expert Can Cost You

Matching Endorsement Upheld as Modifying Policy to Exclude Coverage for Undamaged Material

Christina Phillips | Property Insurance Coverage Law Blog | June 1, 2019 The Eight Circuit Court of Appeals in Noonan v. American Family Mutual Insurance,1 recently upheld that the Minnesota Amendatory Homeowners Endorsement (“Endorsement”) excludes “matching.” The Endorsement provides that an insurer does “not pay to repair or replace undamaged property due to mismatch between damaged material… Continue reading Matching Endorsement Upheld as Modifying Policy to Exclude Coverage for Undamaged Material

Be Sure To Clearly Define The Grounds For Disqualifying An Independent Appraisal Because The Court May Not Do It For You

Gregory S. Paonessa |Burns & Levinson | May 29, 2019 It is not uncommon for parties entering into an agreement to transfer an asset to seek the input of an independent, third-party appraiser. Plainly, the parties to any such transaction desire an appraiser who will be unbiased and will not have any conflicts of interest.… Continue reading Be Sure To Clearly Define The Grounds For Disqualifying An Independent Appraisal Because The Court May Not Do It For You

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