Virginia Trunkes | Construction Law Zone The mixture of sheltering-in-place, warm weather, and increasing drone usage creates a combustible situation – literally. Drone shootings are on the rise as property owners seek to combat perceived trespass, nuisance and invasions of privacy. These were some of the legal issues discussed during a webinar presented by the American Bar Association’s Section… Continue reading Balancing New Technology and Privacy When Using Drones in Land Use and Construction
Month: June 2020
Is The “Clear And Unmistakable” Hurdle For Delegation Of Arbitrability Issues To An Arbitrator Uniform Or Variable?
Gilbert Samberg | Mintz The United States Supreme Court established that questions of arbitrability are presumptively for a court unless the parties clearly and unmistakability manifest their intention (i.e, agreement) that such issues should be determined by an arbitrator in the first instance. See First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 944 (1995); see… Continue reading Is The “Clear And Unmistakable” Hurdle For Delegation Of Arbitrability Issues To An Arbitrator Uniform Or Variable?
Promises to Pay Sub-subcontractor Exposes General Contractor to Liability for Unjust Enrichment
Amandeep S. Kahlon | Bradley On May 14, 2020, in James G. Davis Constr. Corp. v. FTJ, Inc., the Virginia Supreme Court upheld a judgment on an unjust enrichment claim in favor of FTJ, a drywall supplier on a condominium project, against Davis, the general contractor. Notably, FTJ did not have a purchase order with Davis,… Continue reading Promises to Pay Sub-subcontractor Exposes General Contractor to Liability for Unjust Enrichment
A Glimpse Into Post-Judgment Collections and Perhaps the Near Future?
Garret Murai | California Construction Law Blog According to a recent study conducted by the Harvard University, the University of Chicago, and the University of Illinois, more than 100,000 small businesses (firms with fewer than 500 employees) representing 2% of small businesses in the America have closed their doors permanently due to the coronavirus. The next case,… Continue reading A Glimpse Into Post-Judgment Collections and Perhaps the Near Future?
Florida Court Holds Insurer Not Required To Plead Exclusions As Affirmative Defenses To Preserve Defenses To Coverage
Kelly N. Hallisey | Phelps Dunbar A Florida appellate court held that under a named perils policy, an insurer need not plead a policy exclusion as an affirmative defense in order to present evidence that an insured’s damage was the result of a non-covered cause of loss. Citizen’s Prop. Ins. Corp. v. Kings Creek South Condo,… Continue reading Florida Court Holds Insurer Not Required To Plead Exclusions As Affirmative Defenses To Preserve Defenses To Coverage