William R. Wildman and Peter M. Szeremeta | Eversheds Sutherland On August 5, 2020, Georgia Governor Brian Kemp signed into law a revised version of Georgia’s mechanics’ and materialmen’s lien statute. Under the new law, a claimant’s submission of a statutory lien waiver will only impact that claimant’s lien rights, and the waiver will not… Continue reading New Georgia Law Confines Statutory Lien Waivers to a Claimant’s Lien Rights
Month: October 2020
Best Practices for ESI Collection in Construction Litigation
Kelley J. Halliburton | Construction Executive The construction business has always been heavy on records and data but now more than ever much of that information is stored electronically. Gone are the days of just a trailer full of drawings and paper documents. Construction projects now have huge amounts of electronically stored information (ESI) including… Continue reading Best Practices for ESI Collection in Construction Litigation
VSC Rules “Date Of Loss” Not Ambiguous
Walter Judge | Downs Rachlin Martin Brillman v. New England Guaranty Ins. Co., 2020 VT 16 (Feb. 21, 2020) In this insurance coverage decision, the Vermont Supreme Court determined that the “date of loss,” which starts the clock running on the one-year limitations period in the homeowners policy for bringing suits against the insurer, was… Continue reading VSC Rules “Date Of Loss” Not Ambiguous
The No Corners Rule? New York Federal Court Holds No Duty to Defend Where There Is No Possible Legal or Factual Basis for Indemnification of Insured
Chael Clark | PropertyCasualtyFocus Under New York law, an insurer’s duty to defend ends if it establishes as a matter of law that there is no possible factual or legal basis on which it might eventually be obligated to indemnify its insured. This rule was recently applied by the Southern District of New York in Philadelphia… Continue reading The No Corners Rule? New York Federal Court Holds No Duty to Defend Where There Is No Possible Legal or Factual Basis for Indemnification of Insured
Fifth Circuit Holds Insurer Owes Duty to Defend Latent Condition Claim That Caused Fire Damage to Property Years After Construction Work
Jeremy S. Macklin | Traub Lieberman Most general liability policies only provide coverage for “property damage” that occurs during the policy period. Thus, when analyzing coverage for a construction defect claim, it is important to ascertain the date on which damage occurred. Of course, the plaintiffs’ bar crafts pleadings to be purposefully vague as to… Continue reading Fifth Circuit Holds Insurer Owes Duty to Defend Latent Condition Claim That Caused Fire Damage to Property Years After Construction Work