Brent Rubin | Carrington Coleman MDK owned a tract of land in Burleson, Texas. In 2009, Joy & Yoo Properties purchased one of the lots on the tract and agreed to construct improvements on the entire tract (not just its lot), including fire lanes, access drives, sewers, and water lines. But the property was never… Continue reading No Double Dipping: Court of Appeals Slashes Damages Award for Breach of Construction Contract
Month: December 2023
Related Claims Provisions in Claims-Made Liability Policies: The Policy Wording Matters!
Creighton Page | Foley Hoag Key Takeaways: Liability insurance policies are typically written on either an “occurrence” basis or a “claims made” basis. Under an occurrence-basis policy, the liability will be covered if the injury or damage occurred during the policy period. Under a claims-made policy, the coverage is triggered if the claim against the… Continue reading Related Claims Provisions in Claims-Made Liability Policies: The Policy Wording Matters!
How Do You Plan To Use Your Contract? Context Matters.
Adam Lim Bondy | Parsons Behle & Latimer When your business needs a standardized contract, it’s tempting to reach for Google and ChatGPT. After all, you’re smart and you’re going to review each clause of the contract before using it, right? But even a good clause—maybe even one that is perfectly drafted—can bite you, as… Continue reading How Do You Plan To Use Your Contract? Context Matters.
Tennessee Supreme Court Holds Economic Loss Doctrine Does Not Apply to Construction Services Contracts
Emma Wolfe and M. Ryder Lee | K&L Gates On 28 September 2023, the Tennessee Supreme Court held that the economic loss doctrine (ELD) “only applies in products liability cases and should not be extended to other claims.” After years of confusion and guessing by the lower courts and federal district courts in the state,… Continue reading Tennessee Supreme Court Holds Economic Loss Doctrine Does Not Apply to Construction Services Contracts
The Art of Guiding the Mediation Process
Rebekah Ratliff | JAMS There are various forums where people can participate in conciliation efforts to reach a resolution. Generally speaking, most people try to avoid conflict, and parties are happier when they can resolve a dispute and move on. Mediation is a collaborative form of dispute resolution that allows the parties to work together… Continue reading The Art of Guiding the Mediation Process