Christopher G. Hill | Construction Law Musings As those who read my “musings” here at this construction law blog are well aware, the topic of Virginia mechanic’s liens is one that is much discussed. From the basic statutory requirements to the more technical aspects of these tricky beasts. One aspect of mechanic’s liens that I have yet to… Continue reading Mechanic’s Liens and Leases Don’t Often Mix Well
Month: April 2021
Servotronics, Inc. v. Rolls-Royce PLC: What the U.S. Supreme Court’s Upcoming Decision on 28 U.S.C § 1782 Means for International Construction Arbitration
Hailey Barnett and Zach Torres-Fowler | Forum on Construction Law On March 22, 2021, the U.S. Supreme Court announced that it would consider the hotly contested issue of whether 28 U.S.C. § 1782 (“Section 1782”) grants parties to international commercial arbitrations seated outside the United States the right to seek U.S.-style discovery from the federal… Continue reading Servotronics, Inc. v. Rolls-Royce PLC: What the U.S. Supreme Court’s Upcoming Decision on 28 U.S.C § 1782 Means for International Construction Arbitration
Can a Settlement Demand Above Policy Limits Fall within Limits? A Calif. Appellate Court Says Yes
Michael Melendez and Rebeka Shapiro | Cozen O’Connor California law generally requires that an insurer reject a reasonable settlement demand within the policy limits before it can be liable for a bad faith failure to settle. See Samson v. Transamerica Ins. Co., 30 Cal.3d 220, 237 (1981). But a recent California Court of Appeal (4th Dist.)… Continue reading Can a Settlement Demand Above Policy Limits Fall within Limits? A Calif. Appellate Court Says Yes
Developers/Declarants Are Liable For Implied Warranties To Association For Construction Defects
Daniel Miske | Husch Blackwell Facts Plaintiff, Brooktree Village Homeowners Association, Inc. (“Association”), filed suit “on behalf of itself and on behalf of its members” in May 2017 against the second developer, Brooktree Village, LLC (“Developer”). Developer had acquired the remaining undeveloped portions of the development, other than the common areas. “A construction company affiliated… Continue reading Developers/Declarants Are Liable For Implied Warranties To Association For Construction Defects
“Specific” Means “Specific” – Florida’s Bad Faith Statute Must Be Strictly Construed
Jeffrey Michael Cohen | PropertyCasualtyFocus The purpose of Florida’s “bad faith” statute is to “avoid unnecessary bad faith litigation.” To that end, the statute provides a civil remedy for any person damaged by an insurer’s conduct. However, as a condition precedent to filing suit, the policyholder must provide appropriate information to the Department of Insurance and the… Continue reading “Specific” Means “Specific” – Florida’s Bad Faith Statute Must Be Strictly Construed