Alycen A. Moss and Dakota Knehans | Property Insurance Law Observer On June 28, the Missouri Court of Appeals upheld a lower court’s decision finding Lexington Insurance Company (“Lexington”) breached its policy with homeowner Cynthia Franklin. Franklin’s home has sustained damage in a May 2016 storm for which she submitted a claim with Lexington. Lexington… Continue reading Missouri Takes A Stand On Depreciation
Month: July 2022
Expert Can be Questioned on a Construction Standard, Even if Not Relied Upon
Garret Murai | California Construction Law Blog It’s not uncommon in construction defect litigation for each side retain one or more experts to give their opinion as to whether something was constructed in accordance with the standard of care. This usually results in what we legal practitioners call a “battle of the experts.” The California… Continue reading Expert Can be Questioned on a Construction Standard, Even if Not Relied Upon
State And Local Bid Protests: Sunk Costs and the Meaning of a “Win”
Amy Anderson | ConsensusDocs Across the United States, state and local agencies often use competitive bidding to award contracts for various types of work. Generally speaking, a bid protest is when an unsuccessful bidder challenges the award by the state or local agency to another competitive bidder. Procurement at this level is entirely distinct from… Continue reading State And Local Bid Protests: Sunk Costs and the Meaning of a “Win”
Owner Need Not Respond to Contractor’s Claims Within Any Timeframe
Stanley A. Martin | Commonsense Construction Law Contractors often face strict or limited notice periods, in which to advise the project owner of a claim or issue. Some contracts even include forfeiture provisions, where the contractor’s failure to give timely notice acts to nullify the claim. But what about the owner’s timeframe for response? A… Continue reading Owner Need Not Respond to Contractor’s Claims Within Any Timeframe
Minnesota Just Made It Harder For Insureds To Claim ‘Bad Faith
Matthew S. Jones | Freeman Mathis & Gary In the matter entitled Fishbowl Solutions v. Hanover Ins. Co., the United States District Court for Minnesota affirmed a Magistrate Judge’s Order denying an insured’s motion to amend the complaint to allege “bad faith.” The insured purchased a technology professional liability policy. When a third-party fraudster obtained… Continue reading Minnesota Just Made It Harder For Insureds To Claim ‘Bad Faith