Suzanne Galvin | Thompson Coburn As a FEMA certified counselor for 12 years, I discussed the concept of adjusting to the “new normal” with those who have experienced floods, tornadoes, earthquakes, even war. This pandemic marks the first time I’ve applied these same talking points to my own life and career. One key to healthy… Continue reading Are You Ready For Remote Depositions? Adjusting To The New Normal Of Litigation
Month: July 2020
Collapse of Underground Storage Cave Not Covered
Tred R. Eyerly | Insurance Law Hawaii The Eighth Circuit faced unusual facts in determining that the collapse of a cave serving as a storage facility was not covered under the policy. Westchester Surplus Lines Ins. Co. v. Interstate Underground Warehouse & Storage, Inc., 2020 U. S. App. LEXIS 83 8th Cir. Jan. 3,… Continue reading Collapse of Underground Storage Cave Not Covered
Coverage for Faulty Workmanship Denied
Tred R. Eyerly | Insurance Law Hawaii The court found there was no coverage for the insureds’ alleged negligent failure to construct a building. Evanston Ins. Co. v. DCM Contracting, 2020 U.S. Dist. LEXIS 63977 (N.D. Ga. Feb. 28, 2020). Turning Point Church sued DCM Contracting for faulty workmanship on a construction… Continue reading Coverage for Faulty Workmanship Denied
Prior Material Breach May Excuse Performance, but the Factfinder Must Agree It Was a Material Breach
J. David Pugh, Ian P. Faria and Amandeep S. Kahlon | Buildsmart In most jurisdictions, a party may be excused from any future performance under a contract by the prior material breach of the other party. A “prior material breach” is typically defined as conduct that deprives the injured party of the benefit that it… Continue reading Prior Material Breach May Excuse Performance, but the Factfinder Must Agree It Was a Material Breach
COVID-19 Language For New Construction Contracts: A Practical Approach
David A. Blake | Seyfarth Shaw Introduction Those entering into new construction contracts should include custom language addressing the parties’ respective rights and responsibilities related to COVID-19. Many articles and webinars have focused on how traditional contract clauses in existing contracts may respond to COVID-19 issues. The fit is not always clear. Some guesswork is involved and… Continue reading COVID-19 Language For New Construction Contracts: A Practical Approach