Eric M. Clarkson | Saxe Doernberger & Vita Nearly half of America’s construction projects are now design-build in a continuing shift. As a result, contractors are taking on more professional liability (“PL”) risk than ever before, and the risk management landscape is changing. There are unique challenges to managing PL risks and claims. Specifically, PL… Continue reading Dynamics of Managing Professional Liability Claims for Design Builders
Month: February 2022
Right to Repair Unintended Utilization
Advise & Consult, Inc. “Right to Repair” is a trend, that while becoming an increasingly popular option given that property insurance policies include wording giving insurers this power. Unfortunately, while becoming more common, and while the provision sounds like a good idea in theory, is not being utilized by insurers in the way that was… Continue reading Right to Repair Unintended Utilization
Demanding Insurance Appraisal in a Timely Manner
Advise & Consult, Inc. Insurance appraisal is becoming a more and more popular alternative dispute resolution option concerning the amount of a covered loss. However, while appraisal clauses are often included in property insurance policies, there is rarely given a specific time period in which the property owner must demand appraisal. Courts are repeatedly being… Continue reading Demanding Insurance Appraisal in a Timely Manner
Recent Court Decision Warns of Dangers of Using Outdated Construction Contracts
Douglas Mackin | Construction Law Zone A recent decision serves as an important reminder to all in the construction industry about the dangers of using outdated contract forms. In Hillhouse v. Chris Cook Construction, LLC, 325 So. 3d 646 (Miss. 2021), the Supreme Court of Mississippi found an arbitration provision unenforceable where it designated that all… Continue reading Recent Court Decision Warns of Dangers of Using Outdated Construction Contracts
Alternative Dispute Resolution: Mediation, Arbitration, and Appraisal
Tom Oster | Harris Bricken Over the years, “Alternative Dispute Resolution” (ADR) has become more and more prevelant in both contract drafting as well as litigation. Far from being an “alternative,” most disputes at some point will involve some degree of ADR, whether required by contract, by the courts, or driven by the costs of… Continue reading Alternative Dispute Resolution: Mediation, Arbitration, and Appraisal