James Leggate | ENR Midwest Area first-responder concedes report highlighted by wrongful death case lawyer was only preliminary A contractor facing a lawsuit related to the December partial collapse of an Amazon.com Inc. warehouse that was hit by a tornado is pushing back on claims in a fire marshal’s report that highlighted possible “significant structural… Continue reading Contractor Disputes Report Amid Amazon Warehouse Collapse Lawsuit
Month: May 2022
Insurer That Denied Appraisal Can’t Seek Declaration That it Made the Right Choice
Claims Journal If an insurer wants confirmation by a court that an appraisal is inappropriate, it needs to file a request for declaratory judgment before denying the appraisal request, an Illinois appellate panel ruled Monday. A panel with the 3rd District of the Illinois Appellate Court affirmed a county judge’s decision to dismiss a lawsuit filed by… Continue reading Insurer That Denied Appraisal Can’t Seek Declaration That it Made the Right Choice
Insurers Challenging Awards When Appraisers’ ‘Disinterest’ in Question
Claims Journal Insurers created the appraisal process to provide an efficient way to resolve disputes outside of the courtroom using disinterested experts, but lately insurer skepticism about appraiser impartiality has become a new source of litigation. Insurance defense attorneys are increasingly likely to challenge appraisal awards that they believe are tainted by appraisers who are… Continue reading Insurers Challenging Awards When Appraisers’ ‘Disinterest’ in Question
What’s in a Name? Trademarks and Construction
Carol Wilhelm and J.P. Vogel | Construction Executive Every company, no matter the industry, relies on its name and reputation to develop customers and generate revenue. Think about the brands that dominate American culture such as Nike, Wal-Mart, Amazon or McDonald’s, then imagine those businesses without the ability to adequately protect their names, slogans and… Continue reading What’s in a Name? Trademarks and Construction
Not So Fast, My Friend: Pacing and Concurrent Delay
William E. Underwood | Jones Walker When critical path activities are delayed by the owner (or another party), contractors will sometimes “pace,” or slow down, other activities to match the owner-caused delay. After all, why should the contractor hurry up and wait? But paced activities can often appear as concurrent delays on a project’s overall… Continue reading Not So Fast, My Friend: Pacing and Concurrent Delay