Tred R. Eyerly | Insurance Law Hawaii Affirming the district court, the Eleventh Circuit agreed that the insured subcontractor was entitled to a defense against claims of faulty workmanship, but no defense was owed to the additional insured subcontractor. Cincinnati Spec. Underwriters Ins. Co. v. KNS Group, LLC, 2022 U.S. App. LEXIS 27949 (11th… Continue reading Defense Owed to Insured Subcontractor, but not to Additional Insured
Month: January 2023
Include Materials Price Escalation Clauses in Construction Clauses
Robert Alfert, Jr. | Construction Executive The construction sector has been in a bull market for an unprecedented period of time. With the novel impacts from the coronavirus—and all the associated side effects, such as government moratoria, shipping delays and materials availability—we are now in a market of extreme volatility in pricing, inflation and increasing… Continue reading Include Materials Price Escalation Clauses in Construction Clauses
“Genuine” Issue of “Material” Fact and Summary Judgments
David Adelstein | Florida Construction Legal Updates This is short article on summary judgments. A motion for summary judgment, as you may already know, is a procedural vehicle to try to dispose of issues or claims in a lawsuit, either partially or fully. The objective is that the moving party claims that there is no genuine issue of material fact and… Continue reading “Genuine” Issue of “Material” Fact and Summary Judgments
Potential Changes on the Horizon to Ohio Lien Law
Aaron Evenchik and Tara Rose | Hahn Loeser & Parks The Ohio General Assembly is considering a revision to Ohio private lien law to make it clearer when projects start and end and enable title to be clear on lien rights. Under 1311.04, a Notice of Commencement (NOC) is to be recorded before a project commences and… Continue reading Potential Changes on the Horizon to Ohio Lien Law
How to Win an Arbitration
Hon. Curtis E. von Kann | JAMS Having observed effective advocates in action during my 53 years as a trial lawyer, judge and arbitrator, I have come up with 10 rules for winning in arbitration. Rule No. 1: Never Impair Your Credibility With the Arbitrator If your arbitrator believes you have misstated a case or… Continue reading How to Win an Arbitration