Edward M. Koch and Lynndon K. Groff | White & Williams Insurance policies covering first-party property damage often require insureds to notify insurers of a loss “as soon as practicable.” Where an insured may or may not have given notice “as soon as practicable,” the issue arises as to who should determine whether the insured… Continue reading GA Federal Court Holds That Jury, Not Judge, Generally Must Decide Whether Notice Was Given “As Soon as Practicable” Under First-Party Property Damage Policies
Month: November 2021
Project Delivery Methods: A Bird’s-Eye View
Levi W. Barrett, Nathan A. Cohen and Stewart Shurtleff | ConsensusDocs For centuries the ability to construct sophisticated structures has been the yardstick for measuring civilizations. Naturally, as our knowledge and capacity to build has evolved and developed over the ages, the methods of project delivery have similarly progressed. From Design-Bid-Build to CM-at-Risk and Design-Build… Continue reading Project Delivery Methods: A Bird’s-Eye View
Contractor Entitled to Continued Defense Against Allegations of Faulty Construction
Tred R. Eyerly | Insurance Law Hawaii The U.S. District Court found that the contractor was entitled to a defense in the underlying state court action. Pa. Nat’l Mut. Cas. Ins. Co. v. Zonko Builders, 2021 U.S. Dist. LEXIS 168855 (D. Del. Sept. 7, 2021). Zonko was the general contractor for building… Continue reading Contractor Entitled to Continued Defense Against Allegations of Faulty Construction
Three Recent Cases Strike Down Liquidated Damages Clauses In Settlement Agreements…A Trend Or An Aberration?
Adam M. Tuckman | ConsensusDocs Beginning more than one century ago, owners and contractors generally have adopted the convention of including liquidated damages in their contracts to fix potential liability for delay (and other losses) at the inception of the project. The proliferation of liquidated damages clauses in modern contracts can be attributed to economic… Continue reading Three Recent Cases Strike Down Liquidated Damages Clauses In Settlement Agreements…A Trend Or An Aberration?
Group, Class and Collective Arbitration: Recent Developments in US Commercial Arbitration
Martin J. Valasek and Ernesto M. Hernandez | Norton Rose Fulbright Group arbitration can offer certain advantages over class litigation (not least, the ability to enforce awards across multiple jurisdictions). However the consent-based nature of arbitration can lead to jurisdictional obstacles for such claims. This article explores the US line of authorities dealing with group… Continue reading Group, Class and Collective Arbitration: Recent Developments in US Commercial Arbitration