Choity Khan | Construction Law Zone When a party to a construction contract is faced with nonperformance of another party, often the desire to keep the project moving takes precedence in responding to the performance default. Problems arise, however, when the party who is owed the performance acts without first considering the terms and conditions… Continue reading Obtaining the Benefits of a Performance Bond: Tread Carefully
Month: May 2021
Avoiding Tragedy in Mediation
Denise Peterson | Peterson ADR Two parties, both alike in dignity, In fair mediation, where we lay our scene, From ancient grudge break to new mutiny, Where civil claims makes civil hands unclean. Like the opening monologues of Shakespeare, opening statements in mediation set the tone for the discussions to come and often foreshadow the… Continue reading Avoiding Tragedy in Mediation
Courts Generally Favor the Enforcement of Arbitration Provisions
David Adelstein | Florida Construction Legal Updates In recent posts (here and here) I have discussed arbitration provisions and cases dealing with the enforceability of arbitration provisions. The case of Lemos v. Sessa, 46 Fla.L.Weekly D701a (Fla. 3d DCA 2021) deals with two noteworthy principles when it comes to arbitration that warrant another post about arbitration provisions. First, courts will… Continue reading Courts Generally Favor the Enforcement of Arbitration Provisions
Court of Appeal Holds Only “Named Insureds” May Sue for Bad Faith Under California FAIR Plan Policy
Valerie A. Moore and Kathleen E.M. Moriarty | Haight Brown & Bonesteel In Wexler v. California Fair Plan Association (No. 303100, filed 4/14/21), Brooke Wexler’s parents insured their residence, which was located in a mountainous high-fire risk area, with a California FAIR Plan Association owner-occupied dwelling policy. The policy only listed Wexler’s parents and did not name… Continue reading Court of Appeal Holds Only “Named Insureds” May Sue for Bad Faith Under California FAIR Plan Policy
Implied Warranty Claims–Not Just a Seller’s Risk: Builders Beware!
Carin Ramirez | Colorado Construction Litigation One of the thorns in the side of every construction defect defense litigator is the implied warranty claim. The “implied warranty” is a promise that Colorado law is “implied” into every contract for a sale of a new home that the home was built in a workmanlike manner and… Continue reading Implied Warranty Claims–Not Just a Seller’s Risk: Builders Beware!