Louis Patino | Construction Executive Construction accidents can happen to anyone. It’s common for employees to work at height, with machinery or alongside any number of potential hazards, so it’s no surprise that injury rates in construction are 71% higher compared to other industries. Anything from a ladder manufacturing defect to an unguarded ledge or… Continue reading Can Your Employee File a Personal Injury Claim if They’re Injured at Work?
Month: March 2022
You are not a “Liar” Simply Because You Amend Your Complaint
David Adelstein | Florida Construction Legal Updates In litigation, it is common for a plaintiff to amend their complaint. They may amend to add additional parties. To add new claims. To change the factual allegations. Or, to change the theme of their case. Most of the time, complaints are not verified by the plaintiff. Instead, complaints… Continue reading You are not a “Liar” Simply Because You Amend Your Complaint
Fifth Circuit Finds Duty to Defend Construction Defect Case
Tred R. Eyerly | Insurance Law Hawaii Reversing the judgment of the district court, the Fifth Circuit found the insurer owed a defense in a construction defect case. Siplast, Inc. v. Emplrs Mut. Cas. Co., 2022 U.S. App. LEXIS 795 (5th Cir. Jan. 11, 2022). The Archdiocese of New York sued various… Continue reading Fifth Circuit Finds Duty to Defend Construction Defect Case
An Inadequate Investigation Exposes Arizona Insurers to Bad Faith Only If the Insured Proves Additional Investigation Would Have Favored the Insured
Nathan Meyer | Jaburg Wilk Plaintiffs often allege an insurer breached the duty of good faith and fair dealing by conducting an unreasonable and/or an inadequate investigation. But, Arizona courts have held for over 30 years that an insurer’s unreasonable investigation can be the basis of bad faith liability only if a reasonable investigation would… Continue reading An Inadequate Investigation Exposes Arizona Insurers to Bad Faith Only If the Insured Proves Additional Investigation Would Have Favored the Insured
What do the Rules of Evidence Have to Do With Documenting a Construction Claim? Everything.
Jacob Zahniser | Miller Nash Construction is a document-intensive industry. Construction disputes are equally document-intensive. Given the critical role of written documentation in preserving and resolving construction claims, it is essential that construction companies adequately train the people who create and manage written documentation. Otherwise, evidentiary challenges could sink an otherwise meritorious claim or defense.… Continue reading What do the Rules of Evidence Have to Do With Documenting a Construction Claim? Everything.