Steven R. Gilford, Esq. | JAMS ADR Blog There has been a lot of talk lately, and a lot of presentations, about the pros and cons of virtual alternative dispute resolution (ADR)—video arbitrations and mediations. I recently participated in one such program, but it had a slightly different twist since it was focused on insurance… Continue reading Benefits of Virtual ADR in Insurance Disputes: Ten Reasons To Consider Resolving Disputes Virtually
Month: April 2021
Arguing Cardinal Change is Different than Proving Cardinal Change
David Adelstein | Florida Construction Legal Updates The cardinal change doctrine has become a popular doctrine for a contractor to argue under but remains an extremely difficult doctrine to support and prove. Arguing cardinal change is one thing. Proving cardinal change is entirely different. As shown below, this is a doctrine with its origins under federal government contract… Continue reading Arguing Cardinal Change is Different than Proving Cardinal Change
Design Immunity Does Not Shield Public Entity From Claim That it Failed to Warn of a Dangerous Condition
Garret Murai | California Construction Law Blog Readers of this blog are familiar with the concept of the design immunity defense. Codified at Government Code section 830.6, it provides in pertinent that a public entity is not liable for an injury caused by a plan or design of a public improvement where the plan or… Continue reading Design Immunity Does Not Shield Public Entity From Claim That it Failed to Warn of a Dangerous Condition
Eastern District of Pennsylvania Confirms Carrier Owes No Duty to Defend Against Claims for Faulty Workmanship
Anthony L. Miscioscia and Marianne Bradley | White and Williams On March 17, 2021, the Eastern District of Pennsylvania issued its decision in Estate Chimney & Fireplace v. IFG Companies & Burlington Insurance Company, 2021 U.S. Dist. LEXIS 50360 (E.D. Pa. March 17, 2021), finding that an insurance carrier had no duty to defend its insured… Continue reading Eastern District of Pennsylvania Confirms Carrier Owes No Duty to Defend Against Claims for Faulty Workmanship
Construction Contractors Beware: Think Twice Before Paying Prevailing Wage Assessments!
Jeffrey Risch | SmithAmundsen Big Labor continues to use local, state and federal prevailing wage laws to target contractors they have a “beef” with. Since most prevailing wage audits are triggered by a complaint (including 3rd party complaints), trade unions and certain union-friendly organizations can easily turn in a contractor with the general assertion that the… Continue reading Construction Contractors Beware: Think Twice Before Paying Prevailing Wage Assessments!