The Policyholder’s Public Adjuster Cannot Be the Policyholder’s Appraiser

Chip Merlin and Etienne Font | Property Insurance Coverage Law Blog | August 3, 2019 The Florida Third District Court of Appeals recently held that the policyholder’s public adjuster cannot be the policyholder’s appraiser.1 This decision will have a major impact on appraisals because many public adjusters act as their own appraisers. It should be assumed… Continue reading The Policyholder’s Public Adjuster Cannot Be the Policyholder’s Appraiser

Accept No Imitations: Contractor Cannot Recover For Claim Based On Brand Name Products

Nicholas Solosky | Fox Rothschild | August 1, 2019 When a contractor delivers goods to the government that do not conform to the precise requirements of the contract, the results are usually . . . not good.  When the agency specifies certain products in the contract, the contractor should plan to satisfy the exact specifications (or prepare to… Continue reading Accept No Imitations: Contractor Cannot Recover For Claim Based On Brand Name Products

A Second Level of Protection to Indemnitees

Thomas L. Oliver III | Bradley Arant Boulg Cummings | July 31, 2019 Construction and Procurement Law News, Q2 2019 It is not uncommon for indemnitees to attempt to add language to indemnification provisions providing additional liability protections from the indemnitor. And courts and legislators are wary of language in indemnity agreements that create obligations… Continue reading A Second Level of Protection to Indemnitees

Ruling Closes the Loop on Restrictive Additional Insured Endorsement – Reasonable Expectations of Insured Builder Prevails Over Intent of Insurer

Theodore L. Senet, Esq., Jason M. Adams, Esq., and Clayton Calvin | GibbsGiden | July 1, 2019 On June 5, 2019, the Court of Appeal in McMillin Homes Construction, Inc. v. National Fire & Marine Insurance Company, 35 Cal. App. 5th 1042 (Cal. Ct. App. 2019) issued an important opinion on the scope of additional insured insurance… Continue reading Ruling Closes the Loop on Restrictive Additional Insured Endorsement – Reasonable Expectations of Insured Builder Prevails Over Intent of Insurer

Construction Contract Provisions that Should Pique Your Interest

Christopher G. Hill | Construction Law Musings | July 30, 2019 Construction contracts are a big part of my legal practice and the drumbeat here at Construction Law Musings.  Why?  Because not only does your construction contract set the expectations and “rules of the game” for a construction project, it will be read strictly and literally by the Virginia courts should there… Continue reading Construction Contract Provisions that Should Pique Your Interest

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