William L. Porter | Porter Law Group In general, the answer to the above questions is “Yes”, but only if you meet the following requirements: You must only release the mechanics lien itself, but not the “right” to a mechanics lien: There is an important distinction to be made between releasing a mechanics lien and… Continue reading If I Released My California Mechanics Lien, Can I File a New Mechanics Lien on the Same Project? Will the New Mechanics Lien be Enforceable?
Month: January 2021
Court Of Appeals Expands Application Of Construction Statute Of Repose
Jonathan Schirmer | Ahlers Cressman & Sleight A recent decision by Division I of the Washington Court of Appeals in Puget Sound Energy, Inc v. Pilchuck Contractors, Inc.[1] demonstrates the broad application of the construction statute of repose to work performed by contractors. The construction statute of repose[2] bars certain legal claims based on construction activity if the… Continue reading Court Of Appeals Expands Application Of Construction Statute Of Repose
Federal District Court Finds Coverage Barred Because of Lack of Allegations of Damage During the Policy Period and Because of Late Notice
Robert Dennison | Traub Lieberman In American Bankers Ins. Co. of Florida v. National Fire Ins. Co. of Hartford, 2020 WL 5630017 (Sept. 21, 2020), the Northern District of California of the United States District Court had occasion to consider whether allegations in an underlying complaint triggered a duty to defend and a late notice defense to… Continue reading Federal District Court Finds Coverage Barred Because of Lack of Allegations of Damage During the Policy Period and Because of Late Notice
Insured Failed to Timely Report Grievance Letter as ‘Professional Claim,’ But Insurer’s Late Notice Denial Waived By Seven-Month Delay
Elizabeth Jewell | Wiley Rein The United States District Court for the Southern District of New York, applying New York law, has concluded that, even though a grievance letter to an insured constituted a “Professional Claim” that was not timely reported, the insurer waived its late notice coverage defense by waiting seven months to deny… Continue reading Insured Failed to Timely Report Grievance Letter as ‘Professional Claim,’ But Insurer’s Late Notice Denial Waived By Seven-Month Delay
Virtual Mediation – How Do I Make It Work For Me
Adrian L. Bastianelli, III and Jennifer Harris | Peckar & Abramson Mediation took the construction industry by storm in the late 1980’s and has become a staple for resolving construction claims. Today, most construction contracts, including the ConsensusDocs, require mediation as a condition precedent to binding dispute resolution, whether it be arbitration or litigation. As… Continue reading Virtual Mediation – How Do I Make It Work For Me