What to Look for in Subcontractor Warranty Endorsements

David McLain | Colorado Construction Litigation With increasing frequency in the construction defect cases we defend, we are seeing commercial general liability insurance policies with “subcontractor warranty” endorsements.  Also known as contractor or subcontractor special conditions, these endorsements could have severe and negative consequences for builders that do not comply with their requirements.  In researching for this… Continue reading What to Look for in Subcontractor Warranty Endorsements

The Shifting Sands of Alternative Dispute Resolution

Tim Scully | Porter Law Group In California there are few tools which work to protect the employer, and California employers may have just lost another one. On October 10, 2019, Governor Gavin Newson signed into law AB 51, which bans the use of mandatory arbitration agreements in employment contracts. More specifically, AB 51 adds… Continue reading The Shifting Sands of Alternative Dispute Resolution

Insurer’s Attempt to Strike Experts in Collapse Case Fails

Tred R. Eyerly | Insurance Law Hawaii   The insurer’s efforts to exclude two of the insured’s experts in a collapse case were unsuccessful. Hudon Specialty Ins. Co. v. Talex Enterprises, LLC, 2019 U.S. Dist. LEXIS 150148 (S.D. Miss. Sept. 4, 2019).     The insureds’ building collapsed. The remaining portions of the building required immediate… Continue reading Insurer’s Attempt to Strike Experts in Collapse Case Fails

2020 Bills to Be Aware of that Affect Construction (Updated)

Christopher G. Hill | Construction Law Musings As is true during most sessions of the Virginia General Assembly, several bills are winding their way through the legislature that construction professionals and their attorneys should keep an eye on. Here is a list of some key ones with a brief description (to get a full picture and status… Continue reading 2020 Bills to Be Aware of that Affect Construction (Updated)

Heads I Win, Tales You Lose. Court Finds Indemnity Provision Went Too Far

Garret Murai | California Construction Law Blog We all love David and Goliath stories. The underdog winning against the far stronger (and dastardly) opponent. Think Rocky Balboa versus Ivan Drago, the Star Wars Rebellion versus the Galatic Empire, Indiana Jones versus a good chunk of the Third Reich. And now, we have Margaret Williams. The… Continue reading Heads I Win, Tales You Lose. Court Finds Indemnity Provision Went Too Far

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