Vermont Supreme Court Reverses, Finding No Coverage for Collapse

Tred R. Eyerly | Insurance Law Hawaii     The Vermont Supreme Court reversed the trial court’s decision for collapse coverage. Commercial Constr. Endeavors, Inc. v. Ohio Sec. Ins. Co., 2019 Vt. LEXIS 173 (Vt. Sup. Ct. Dec. 13,2019).     Commercial Construction Endeavors, Inc. (CCE) built a livestock barn. By late December 2014, the barn… Continue reading Vermont Supreme Court Reverses, Finding No Coverage for Collapse

Recent Court Order Excluding Expert Testimony Offers Useful Reminders and Lessons for Construction Litigants

Amandeep S. Kahlon | Bradley Arant Boult Cummings Construction claims often feature supporting testimony from design and/or scheduling experts, and exclusion of that testimony either by disqualification of the expert or a finding that the testimony is otherwise inadmissible can prove fatal to your claim or defense. States may vary in their requirements for admissibility… Continue reading Recent Court Order Excluding Expert Testimony Offers Useful Reminders and Lessons for Construction Litigants

Your CGL Policy May Cover More Than You Think – Damages “because of’ Property Damage or Bodily Injury for Construction Projects

Stella Szantova Giordano | Saxe Doernberger & Vita Construction projects are susceptible to injuries and property damage – which is why the stakeholders involved rely heavily on commercial general liability (“CGL”) insurance policies when such losses occur. While many insureds are familiar with pursuing insurance coverage for bodily injury and property damage, a CGL policy… Continue reading Your CGL Policy May Cover More Than You Think – Damages “because of’ Property Damage or Bodily Injury for Construction Projects

General Contractors: The Payment Provisions in Your Subcontracts May Have Just Been Determined to be Unenforceable

Scott Halberstadt | TALG While it has been more than twenty years since the California Supreme Court determined, in Wm. R. Clarke Corp. v. Safeco Ins. Co., that “pay-if-paid” provisions in subcontracts were unenforceable, following a recent decision from the Court of Appeal, Fourth Appellate District, general contractors, or any other contractors that contract directly with owners,… Continue reading General Contractors: The Payment Provisions in Your Subcontracts May Have Just Been Determined to be Unenforceable

Thinking Outside the eDiscovery Box: How Technology Solves Data Problems Beyond Litigation

Jim Gill | Ipro Tech Back in 2006, when Rule 34 of the Federal Rules of Civil Procedure (FRCP) was amended to create a new category of discoverable information – Electronically Stored Information or ESI – eDiscovery was legitimized, and eDiscovery software was created to move ESI through the litigation process. Fast forward to 2020, and ESI… Continue reading Thinking Outside the eDiscovery Box: How Technology Solves Data Problems Beyond Litigation

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