David Adelstein | Florida Construction Legal Updates The recent opinion out of the Eastern District Court of Virginia, Dickson v. Forney Enterprises, Inc., 2021 WL 1536574 (E.D.Virginia 2021), demonstrates that the federal Miller Act is not designed to protect ALL that perform work on a federal construction project. This is because NOT ALL work is covered under the Miller… Continue reading Not All Work is Covered Under the Federal Miller Act
Month: June 2021
Issue of Control Dictates Duty Owed to Subcontractor’s Employees
Colin Durham | Framing Issues A general contractor owes a duty of care to its independent contractor’s employees only if the general contractor retains actual or contractual control over the means and methods of the independent contractor’s work according to the Texas Supreme Court. In December of 2013, Jose Hernandez was working for Capform, Inc.… Continue reading Issue of Control Dictates Duty Owed to Subcontractor’s Employees
The Importance of Adding a Mediation Provision to Representations and Warranties Policies
Peter Rosen | JAMS I recently mediated a dispute involving a claims-made policy with a condition precedent to either side commencing litigation: mediation. Specifically, the policy stated the following: The Insurer and the Insured agree that they will attempt in good faith to negotiate a resolution to any dispute arising out of this Policy. In… Continue reading The Importance of Adding a Mediation Provision to Representations and Warranties Policies
Virtual Hearings and Mediations Are Here to Stay
Patrick J. Mahoney | JAMS As the COVID-19 pandemic recedes, every aspect of our pre-pandemic ways of work is under review. Simply returning to our old ways is not the answer. To do so is to ignore the lessons learned while working remotely. Dispute resolution, like almost every aspect of society, changed as a consequence… Continue reading Virtual Hearings and Mediations Are Here to Stay
The New Virtual Mediation Day
Andrew S. Nodolna | JAMS Mediation has always been a process, not just an event. This process includes pre-session submissions to the mediator (and to all parties) and joint and/or individual pre-session calls. Historically, we have focused disproportionate attention on the single day when everybody gets together in the same room. Despite the fact that… Continue reading The New Virtual Mediation Day