David Adelstein | Florida Construction Legal Updates If there is an arbitration provision in your contract that you want to enforce, you do not want to take action inconsistent with those rights as this could give rise to a waiver argument, i.e., that you waived your rights to arbitrate, particularly if the other party has been prejudiced. Under… Continue reading Waiving the Right to Arbitrate Under Federal Law
Month: November 2021
Defects, Delays and Change Orders
Jacob A. Epstein | Construction Executive As every construction professional is aware, unexpected events and problems are guaranteed on every large project. Defects, delays and change orders are sure to arise, and depending on how they are dealt with and addressed at the time, they can either have minimal effects on the overall project or… Continue reading Defects, Delays and Change Orders
Change to the Statute of Limitations for Construction Defect Cases – How It Affects You
Samantha Carmickle and John Holper | Winthrop & Weinstine Under Minnesota Statutes § 541.051, an action arising out of the construction or improvement of real property must be commenced within two years after the cause of action accrues.[1] But when does the cause of action accrue? The Minnesota Supreme Court answered this question on February 3,… Continue reading Change to the Statute of Limitations for Construction Defect Cases – How It Affects You
How You Plead Allegations to Trigger Liability Insurer’s Duties is Critical
David Adelstein | Florida Construction Legal Updates How you plead allegations in your lawsuit to trigger duties of a liability insurance carrier is a critical consideration. If the complaint is not pled appropriately, it can result in the carrier NOT owing a duty to defend its insured, which is the party(ies) you are suing. If there… Continue reading How You Plead Allegations to Trigger Liability Insurer’s Duties is Critical
The Insured has the Duty to Prove Coverage for Defense
Barry Zalma | Zalma on Insurance In Zurich American Insurance Company v. Ironshore Specialty Insurance Company, 137 Nev.Adv.Op. 66, No. 81428, Supreme Court of Nevada, En Banc (October 28, 2021) the Supreme Court was asked to answer inquiries from the Ninth Circuit because two federal district courts issued conflicting decisions regarding whether, in Nevada, the insured… Continue reading The Insured has the Duty to Prove Coverage for Defense