Blake Robinson | Davis Wright Tremaine You control two entities with substantially similar names that are general partners. You accidentally name the wrong entity in a construction contract. What could the fallout be from such a minor mistake? As a recent California appellate decision demonstrates, over three and a half years of litigation (so far)… Continue reading California Case Highlights Importance of Naming Proper Entities in Construction Contracts
Month: June 2022
Project Owners Can Effectively Combat Contractors’ Efforts To Use The Spearin Doctrine As A Sword With Strategic Planning Beforehand
Rose Tanner and paul Sonderegger | Thompson Coburn Contractors across the country can use the over 100-year old Spearin Doctrine—which places liability for construction defects on the party who either mandates specifications or is given discretion—as an offensive weapon to recoup damages. Recent case law has been handed down that clarifies and sets forth scenarios when a… Continue reading Project Owners Can Effectively Combat Contractors’ Efforts To Use The Spearin Doctrine As A Sword With Strategic Planning Beforehand
Intentional Act Without Intent to Harm May Not Be an Occurrence
Alycen A. Moss, Elliot Kerzner and Teri Mae Rutledge | Cozen O’Connor An intentional act may not be an “occurrence” even when there is no intent to cause harm, according to a California appellate court’s recent ruling in Ghukasian v. Aegis Security Insurance Co.1 Ghukasian involved an insured who hired contractors to level land and clear trees on… Continue reading Intentional Act Without Intent to Harm May Not Be an Occurrence
Court Bars Licensed Contractor From Seeking Compensation for Work Performed by Unlicensed Sub
Garret Murai | California Construction Law Blog It all started with a tree. A eucalyptus tree to be exact. What followed is one of the more important cases to be decided under Business and Professions Code section 7031 in recent years. Yes, that Section 7031. The statute variously described by the state’s courts as “harsh[… Continue reading Court Bars Licensed Contractor From Seeking Compensation for Work Performed by Unlicensed Sub
What You Need To Know About Recent Changes To Florida Property Insurance Law Affecting Admitted And Surplus Lines Insurers
William B. Collum | Butler Weihmuller Katz Craig Having been called back to the capitol by Florida’s governor for a special session to address issues within the property insurance market, the Florida Legislature passed two property insurance bills, SB 2-D and SB 4-D, both of which were signed by the Governor on May 26, 2022.… Continue reading What You Need To Know About Recent Changes To Florida Property Insurance Law Affecting Admitted And Surplus Lines Insurers