Barry Zalma | Zalma on Insurance It is Contumacious to Sue an Insurer Who Fulfills all Promises Made by its Policy An insurance contract is nothing more than mutual promises made by the insurer to the insured and from the insured to the insurer. When an insurer keeps all of the promises it made, settles… Continue reading When an Insurer Fulfills its Promises There Can Never be “Bad Faith”
Month: June 2021
Statutory Offer to Compromise – A Potential Pitfall for CA Contractors, With a Way Out
Ian Williamson | Gordon Rees Scully Mansukhani A statutory offer to compromise a case is a common tool in litigation in California. Under CCP section 998, a party can make an offer to the opposing party. If that offer is not accepted, the case goes to trial, and the recipient does not do better at… Continue reading Statutory Offer to Compromise – A Potential Pitfall for CA Contractors, With a Way Out
1st District Joins 2nd District Court of Appeals and Holds that One-Year SOL Applies to Disgorgement Claims
Garret Murai | California Construction Law Blog We’re beginning to see a trend. This past year, the 2nd District Court of Appeals, in Eisenberg Village of the Los Angeles Jewish Home for the Aging v. Suffolk Construction Company, 53 Cal.App.5th 1201 (2020), held for the first time that a one (1) year statute of limitations period… Continue reading 1st District Joins 2nd District Court of Appeals and Holds that One-Year SOL Applies to Disgorgement Claims
Some Work Cannot be Included in a Miller Act Claim
Christopher G. Hill | Construction Law Musings The Miller Act is close to my heart here at Construction Law Musings. Payment bond claims under the Miller Act help protect subcontractors on construction projects where the national government or its agencies are the owners of the property and therefore mechanic’s liens are unavailable. Even where you follow the proper claims process under… Continue reading Some Work Cannot be Included in a Miller Act Claim
A New Roadmap to a Familiar Journey: The ASCE Standard on Loss of Productivity
Frederick E. Hedberg | American Bar Association As the construction industry recovers from and adjusts to the effects of the COVID-19 pandemic and prepares for a new normal, post-COVID world, claims for losses of productivity on projects that were in progress when COVID-19 struck will likely increase due to contractors performing work under conditions far… Continue reading A New Roadmap to a Familiar Journey: The ASCE Standard on Loss of Productivity