Choity Khan | Construction Law Zone The American Institute of Architects (AIA) Contract Documents program recently released a limited number of state-specific Sworn Construction Statements and Lien Waiver and Release forms for use on construction projects. At the same time, the AIA also released generic versions of the waiver and release forms for use in… Continue reading The AIA Releases Sworn Construction Statements, Lien Waiver and Release Forms for the First Time.
Month: August 2022
Final Thoughts on New Pay If Paid Legislation in VA
Christopher G. Hill | Construction Law Musings This past General Assembly session, and after a governor’s amendment and with the convening of a study group, a new statute banning so-called “pay-if-paid” clauses from enforcement was passed. Some of the key features of the legislation are as follows: It does not take effect until January 1, 2023, and,… Continue reading Final Thoughts on New Pay If Paid Legislation in VA
Coverage for Named Windstorm Removed by Insured, Terminating Such Coverage
Tred R. Eyerly | Insurance Law Hawaii Over a series of policies, the insured had no coverage for named windstorms when it was removed from the policies in return for a reduced premium. Shiloh Christian Ctr. v. Aspen Sec. Ins. Co. 2022 U.S. Dist. LEXIS 100959 (M. D. Fla. May 9, 2022). … Continue reading Coverage for Named Windstorm Removed by Insured, Terminating Such Coverage
U.S. District Court of Colorado Interprets Insurance Policy’s Faulty Workmanship Exclusion and Exception for Ensuing Damage
Carin Ramirez | Colorado Construction Litigation Recently, the United States District Court for the District of Colorado interpreted a faulty workmanship exclusion in a property insurance policy in The Lodge at Mountain Village Owner Association v. Eighteen Certain Underwriters of Lloyd’s of London, 22 U.S Dist. Ct LEXIS 48883*, decided on March 18, 2022. The Court held… Continue reading U.S. District Court of Colorado Interprets Insurance Policy’s Faulty Workmanship Exclusion and Exception for Ensuing Damage
The Seventh Circuit Clarifies The Role Rejection Of Settlement Offers Plays In Determining Attorney Fee Awards
Lucas Kowalczyk | Proskauer Rose The Seventh Circuit recently clarified an important distinction between offers of judgment under Federal Rule of Civil Procedure 68 and non-Rule 68 offers of settlement, and explained the role rejection of such offers plays in reducing statutory attorney fee awards. Rule 68 was created to encourage settlements. It limits the… Continue reading The Seventh Circuit Clarifies The Role Rejection Of Settlement Offers Plays In Determining Attorney Fee Awards