Bart W. Reed | Stoel Rives Lien claims can pose serious challenges—and immense frustration—for any owner or developer of a private construction project, particularly for those wishing to refinance or sell the property. An owner with a finance transaction or conveyance on the horizon should consider options to have any lien claim filed against the… Continue reading Considerations for Contesting a Frivolous Lien in Washington
Month: September 2022
What is the Consequence of Excluding Consequential Damages from a Construction Contract?
Amy Wolfshohl | Porter Hedges Excluding consequential damages has become a regular part of negotiating engineering and construction contracts. A typical clause excludes recovery of indirect, exemplary, and consequential damages for both parties. Beyond these broad categories, there is often little negotiation as to the specific types of damages that are excluded.1 The lack of… Continue reading What is the Consequence of Excluding Consequential Damages from a Construction Contract?
Why Traditional Mediation Methods Do Not Work
Tenny C. Rostomian-Amin | TALG Paving the Way for Skilled Mediation In 2020 much of life in America, and across the globe, came to a screeching halt as the coronavirus spread, closing courthouses as well as schools and businesses alike. The closure of state and federal courthouses left many litigants in a state of perpetual… Continue reading Why Traditional Mediation Methods Do Not Work
Fifth Circuit Requires Causal Distinction for Ensuing Loss Exception to Faulty Work Exclusion
Avery J. Cantor and William S. Bennett | SDV Insights In Balfour Beatty v. Liberty Mutual Ins. Co., the 5th Circuit Court of Appeals provided valuable insight on coverage available through ensuing loss exceptions to faulty work and design exclusions in builder’s risk insurance policies. In Balfour Beatty, the Court held that, in order to establish coverage through… Continue reading Fifth Circuit Requires Causal Distinction for Ensuing Loss Exception to Faulty Work Exclusion
Awarding Insurer Summary Judgment Before Discovery Completed Reversed
Tred R. Eyerly | Insurance Law Hawaii The Florida Court of Appeal reversed the trial court’s awarding of summary judgment to the insurer because discovery was not completed. Sacramento v. Citizens Prop. Ins. Corp., 2022 Fla. App. LEXIS 4292 (Fla. Ct. App. June 22, 2022). The insured filed a claim under the… Continue reading Awarding Insurer Summary Judgment Before Discovery Completed Reversed