Earl K. Messer | Taft Stettinius & Hollister One of the basic rationales for including a mandatory arbitration clause in a construction contract is to save time and expense. You arbitrate the matter, win or lose, and you’re done, right? Well, not always. A recent Ohio case is illustrative. In Darren Zeck v. Smith Custom Homes… Continue reading Save Expense by Arbitrating Construction Dispute? Not Always.
Month: April 2022
Prior Occurrence Exclusion Bars Coverage for Construction Defects
Tred R. Eyerly | Insurance Law Hawaii While the insured’s faulty work constituted an occurrence under Florida law, a prior occurrence exclusion barred coverage. Pro-Tech Caulking & Waterproofing v. TIG Ins. Co., 2022 U.S. Dist. LEXIS 12319 (S.D. Fla. Jan. 19, 2022). Pro-Tech was a waterproofing subcontractor for construction of a oceanfront… Continue reading Prior Occurrence Exclusion Bars Coverage for Construction Defects
Distinguish the Four Types or Phases of Witness Preparation
Dr. Ken Broda-Bahm | Holland & Hart Experienced trial lawyers know it is important that their witnesses are prepared to testify. At the deposition stage, and even when the likelihood of a trial is uncertain, it is critical to invest the time in making sure that the important witnesses know what to expect and are… Continue reading Distinguish the Four Types or Phases of Witness Preparation
3D Printing: A New Era in Concrete Construction
Zoey Zhao | Construction Executive The construction of buildings using concrete has been around since the time of the Romans. In all those centuries, concrete structures have been built using essentially the same method: forms, reinforcement, mixing, pouring, setting, repeat. The process is costly and time-consuming. The construction of the forms alone demands dozens of… Continue reading 3D Printing: A New Era in Concrete Construction
Federal Courts Reject Insurers’ Attempts to Recoup Defense Costs Expended Under Reservation of Rights
Anthony L. Miscioscia and Margo Meta | White and Williams In situations where there is a dispute over a duty to defend, an insurer may provide a defense to its insured, subject to a reservation of rights, to not only deny coverage for a defense, but also to file a declaratory judgment action and recoup… Continue reading Federal Courts Reject Insurers’ Attempts to Recoup Defense Costs Expended Under Reservation of Rights