Bremer Whyte Brown and O’Meara Potential damages in a lawsuit may come in many forms depending on the facts of the case. Common damages include medical expenses, loss of earnings, property loss, physical pain, and mental suffering. Of the many damages Plaintiffs may claim, one of the most prevalent and recognizable is property damage. This… Continue reading Ways of Evaluating Property Damage Claims in Various Contexts
Month: February 2020
The United States Court of Appeals, Fourth Circuit, Finds Wrap-Up Exclusion Does Not Bar Coverage of Additional Insureds
Callie E. Waers | Florida Construction Law News The United States Court of Appeals, Fourth Circuit, recently took a close look at the application of a “controlled insurance program exclusion” (wrap-up exclusion) to additional insureds on a commercial general liability policy. In Cont’l Cas. Co. v. Amerisure Ins. Co., 886 F.3d 366 (4th Cir. 2018), the… Continue reading The United States Court of Appeals, Fourth Circuit, Finds Wrap-Up Exclusion Does Not Bar Coverage of Additional Insureds
Some Insurers Dismissed, Others Are Not in Claims for Faulty Workmanship
Tred R. Eyerly | Insurance Law Hawaii The insured Developer survived a motion to dismiss by one of several carriers who were asked to defend against claims for faulty workmanship. East 111 Assoc. LLC v. RLI Ins. Co., 2019 N.Y. Misc. LEXIS 5331 (Oct. 4, 2019). Developers sponsored a residential condominium project… Continue reading Some Insurers Dismissed, Others Are Not in Claims for Faulty Workmanship
Ensuring Efficient Arbitration of Construction Disputes Involving Mechanic’s Liens
Robert G. Campbell and Trevor B. Potter | Construction Executive There may be tension between the enforcement of statutory mechanic’s lien claims when a contractual dispute resolution provision calls for arbitration. Once the parties are in arbitration, it may not be clear whether the arbitrator has authority to make factual determinations regarding amount and validity… Continue reading Ensuring Efficient Arbitration of Construction Disputes Involving Mechanic’s Liens
Updates to AIA Contract Documents for Construction Manager Project Delivery Method
Adam P. Banks | Michael Best & Friedrich Starting in November of 2019, the American Institute of Architects (AIA) began the process of updating the contract documents for the Construction Manager project delivery method. The first round of updates included changes to the Construction Manager as Constructor (CMc) contract documents. The CMc delivery method is… Continue reading Updates to AIA Contract Documents for Construction Manager Project Delivery Method