Luke Tompkins | Ward and Smith Liquidated damages provisions are common in construction contracts to guard against damages that the owner or a contractor might suffer if a project is delayed beyond the completion date set forth in the contract. These provisions appear in both public and private construction contracts. Oftentimes, the owner of a… Continue reading Issues Impacting Enforceability of Liquidated Damages in Construction Contracts
Month: October 2020
What to Expect at Mediation
John Davidson | Nexsen Pruet “This isn’t what I expected.” I hear that comment frequently from people that do not often participate in mediations. If you are involved in the construction industry, you will very likely have to participate in a mediation at some point to try to resolve a dispute. It might be a… Continue reading What to Expect at Mediation
Insurance Policies and Indemnity Provisions Are Not the Same
Garret Murai | California Construction Law Blog Just because you own a pair of Air Jordans doesn’t make you Michael Jordan. In the next case, Carter v. Pulte Home Corporation, Case No. A154757 (July 23, 2020), the 1st District Court of Appeal denied an insurance carrier’s equitable subrogation claim explaining that an insurer’s obligations under its… Continue reading Insurance Policies and Indemnity Provisions Are Not the Same
Carrier Has Duty to Defend Claim for Active Malfunction of Product
Tred R. Eyerly | Insurance Law Hawaii Rejecting that the underlying claim was based solely on faulty workmanship, the Third Circuit held the insurer had a duty to defend allegations of a malfunctioning product. Nautilus Ins. Co. v. 200 Christina Street Partners LLC, 2020 U.S. App. LEXIS 22118 (3d Cir. July 16, 2020). … Continue reading Carrier Has Duty to Defend Claim for Active Malfunction of Product
Be Prepared When Accidents Strike
Clark Samuelson | Framing Issues If you work in the construction industry, there’s a good chance that you have heard a heartbreaking story about an accident that occurred at a construction site which resulted in serious injury or death to one or more construction worker(s). Unfortunately, these accidents are a reality in the construction world… Continue reading Be Prepared When Accidents Strike