Dr. Ken Broda-Bahm | Holland & Hart The idea is a merger of pop culture with academics. In pop culture, “truthiness” refers facetiously to the feeling of something being true, independent of its actual truth value (a term coined by late-night comedian, Stephen Colbert). Academics, however, have creatively adopted the term to describe the real phenomenon that… Continue reading Witnesses, Add to Your ‘Truthiness’ by Showing Pictures
Month: May 2021
Waiver of Subrogation Provisions in Construction Contracts – Part Two
David Fisk | Framing Issues In Part One, I discussed the general purpose and benefits of subrogation and considerations in determining whether a waiver of subrogation may be advantageous or harmful to certain contracting parties to a construction contract. Even where the contracting parties agree to include a waiver of subrogation, a form waiver of subrogation… Continue reading Waiver of Subrogation Provisions in Construction Contracts – Part Two
Waiver of Subrogation Provisions in Construction Contracts – Part One
David Fisk | Framing Issues Larry Bowman and I recently wrote a 44-page white paper on “The Ins and Outs of Waivers of Subrogation.” Larry presented our paper at the 34th Annual Texas Construction Law Conference sponsored by The Construction Law Foundation of Texas and The Construction Law Section of the State Bar of Texas, which… Continue reading Waiver of Subrogation Provisions in Construction Contracts – Part One
Expansion of Premises Liability for Construction Owners
Marcus Miller and Ryan T. Kinder | Bradley Arant Boult Cummings A property owner is generally liable for hazards on the property that injure others. On construction projects, this presents a significant risk for owners because there are always multiple hazards present, and the owner, generally, has very little control or knowledge of all the… Continue reading Expansion of Premises Liability for Construction Owners
Blindly Relying on Public Adjuster or Loss Consultant’s False Estimate Can Play Out Badly
David Adelstein | Florida Construction Legal Updates Insurance policies, particularly property insurance policies, have a concealment or fraud provision that, in essence, gives the insurer an out if the insured submits a fraudulent claim, a false claim, or conceals material facts. Unlike a traditional fraud claim where a party needs to prove intent, the provision is broad… Continue reading Blindly Relying on Public Adjuster or Loss Consultant’s False Estimate Can Play Out Badly