Dr. Ken Broda-Bahm | Holland & Hart Attorneys know the feeling: With some of your witnesses, you just want to keep it simple, encourage them to keep their heads down, and limit the possible damage. With any luck, they’ll get through it with minimal damage to your case. But for other witnesses, testimony is an… Continue reading Assess Whether Your Witness Is Able to Counterpunch
Month: October 2020
Delay Days for Liquidated Damages May Be Apportioned Where Permitted by Contract
Geoff F. Palachuk | Lane Powell Overlapping delays partly caused by a contractor and partly by an owner — known as concurrent delays — typically nullify the assessment of liquidated damages in a breach of contract dispute. But a contractor generally will be held liable for liquidated damages if the contractor cannot establish proof of… Continue reading Delay Days for Liquidated Damages May Be Apportioned Where Permitted by Contract
Defining Occurrence – When Policy Definitions Do Not Apply to All Coverages
John V. Garaffa | Butler Weihmuller Katz Craig On September 8, 2020 the United States Court of Appeals for the Eleventh Circuit issued its decision in Port Consolidated, Inc. v. International Insurance Company of Hannover, PLC, 2020 WL 5372281 (11th Cir 2020). The decision is notable for two reasons. First, the Court addressed whether definitions in… Continue reading Defining Occurrence – When Policy Definitions Do Not Apply to All Coverages
Not Just An Old Wives’ Tale: Negotiating “Paid In Full” Check Binds Contractor
Matthew DeVries | Best Practices Construction Law Long before I was an attorney, I heard this tale that if you endorsed a check that had the words “PAID IN FULL” written on the check, then you were accepting the check as full payment of whatever was owed. But I have never really thought about that… Continue reading Not Just An Old Wives’ Tale: Negotiating “Paid In Full” Check Binds Contractor