Blake Robinson | Davis Wright Tremaine The California Court of Appeal recently reversed a trial court’s dismissal of a lawsuit, concluding that because there was a dispute over when a homeowner’s claim “occurred” for purposes of an insurance policy, that dispute must be resolved by a jury. Case Background Guastello v. AIG Specialty Insurance Co.1 involved… Continue reading California Court Rules Jury Must Resolve Dispute Between Homeowner and Subcontractor Insurer Over When Claim Occurred
Month: May 2021
English v. RKK- There is Even More to the Story
Christopher G. Hill | Construction Law Musings Just when you thought that the litigation between W. C. English and RKK had no more to give (after all, there have been posts with wisdom from this case here, here, and here), it keeps on giving. A relatively recent opinion from this litigation involved, among other pre-trial motions, motions by English to… Continue reading English v. RKK- There is Even More to the Story
Arbitration or Litigation?: Data and Discussion for Construction Industry Decision-Makers
James T. Dixon | Construction Executive With litigation as the default method for the resolution of disputes of all types, the construction industry has long used its contracting terms to fashion alternatives. These include mediation, arbitration, dispute resolution boards, partnering, early neutral evaluation, fact-finding and the use of an initial decision maker. Even with these… Continue reading Arbitration or Litigation?: Data and Discussion for Construction Industry Decision-Makers
Virtual Jury Trials of Construction Disputes: The Necessary Union of Both Sides of the Brain
John Dannecker | Construction Executive Bart Smith is the Senior Project Manager for Simply Best, a general contracting firm. He has been assigned to serve as the liaison with outside counsel in a lawsuit against Holly’s Harleys, a project owner who contracted with Best for the construction of a motorcycle showroom. Best filed suit in… Continue reading Virtual Jury Trials of Construction Disputes: The Necessary Union of Both Sides of the Brain
Court of Appeals Discusses the Difference Between “Claims-Made” and “Occurrence-Based” Insurance Policies
Garret Murai | California Construction Law Blog As most contractors know, scope, price and time are the “big” three in any construction contract. Nearly as important, however, are the insurance provisions. Patricularly, when things go bad on a construction project. As the next case, Guastello v. AIG Specialty Insurance Company 61 Cal.App.5th 97 (2021) discusses, the difference… Continue reading Court of Appeals Discusses the Difference Between “Claims-Made” and “Occurrence-Based” Insurance Policies