Tred R. Eyerly | Insurance Law Hawaii The Second Circuit predicted that the New York appellate courts would find the contractual indemnity provision prevailed over the application of an “other insurance” provisions. Cent. Sur. Co. v. Metro. Transit Auth., 2021 U.S. App. LEXIS 29860 (2nd Cir. Oct. 5,2021). Long Island Railroad (LIRR)… Continue reading Indemnity Provision Prevails Over “Other Insurance” Clause
Month: December 2021
General Contractor Intervening to Compel Arbitration Per the Subcontract
David Adelstein | Florida Construction Legal Updates It is not uncommon that a general contractor’s subcontract will include an arbitration provision. Or it will allow the general contractor to select binding arbitration as the method to resolve disputes at the general contractor’s SOLE OPTION. A general contractor’s subcontract should absolutely give the general contractor this important right. … Continue reading General Contractor Intervening to Compel Arbitration Per the Subcontract
Construction Conversations around the Licensing Board, Liens, and the Supply Chain
Merrill Jones | Ward and Smith My colleagues and I recently provided key updates on supply chain disruption, liens, and licensing boards during the firm’s 2021 Construction Conversations Webinar. In the Rapid-Fire Legal Update session, we covered a variety of topics relevant to the construction industry, including: Dealing with the North Carolina Licensing Board for… Continue reading Construction Conversations around the Licensing Board, Liens, and the Supply Chain
Understanding Indemnification Clauses
Eric Biesecker | Nexsen Pruet Introduction Construction projects are risky. Contracts allocate risks between the parties. Indemnification clauses shift risk from one party to another. Many parties pay little attention to their contracts’ indemnification clauses because the language seems obscure. This article is intended to help participants understand the key issues. Indemnification Let’s begin by… Continue reading Understanding Indemnification Clauses
Florida Legislature Proposes Significant Revisions to Construction Defect Statute
Ralf R. Rodriguez | Cozen O’Connor PROPOSED AMENDMENT TO STATUTE OF LIMITATIONS ELIMINATING THE 10-YEAR STATUTE OF REPOSE A new bill has recently been submitted to the Florida Senate (SB 2022-736) that proposes to amend Fla. Stat. § 95.11(3)(c) by eliminating the current statute of repose for latent claims, which requires an action be commenced… Continue reading Florida Legislature Proposes Significant Revisions to Construction Defect Statute