Tessan Wess | Gordon Rees Scully Mansukhani For the first time in Oregon, claimants have a legal basis to pursue first-party bad faith claims against insurers. In late December 2023, the Oregon Supreme Court affirmed a 2022 opinion from the Oregon Court of Appeals in Moody v Oregon Community Credit Union and opened the door to bad… Continue reading Oregon Landmark Decision Opens Door to Bad Faith Litigation
Month: February 2024
Construction Contract Basics: Venue and Choice of Law
Christopher G. Hill | Construction Law Musings Previously in this on-again-off-again series of posts on construction contract basics, I discussed attorney fees provisions and indemnification. In this installment, the topic at hand is venue and choice of law. As construction professionals (outside of us construction attorneys), you are likely to be focused on things like the scope of work… Continue reading Construction Contract Basics: Venue and Choice of Law
Bid Protests in Georgia
Aron C. Beezley and Nathaniel J. Greeson | BuildSmart Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see, e.g., our posts on “Bid Protests in the District of Columbia,” “Bid Protests in New York,” “Bid Protests in Virginia,” and our “Update on Bid Protests in Alabama”). For the next… Continue reading Bid Protests in Georgia
The Appraisal Clause: What It Is, and When to Enforce It
Joseph Englert and Emma Leonelli | McGuireWoods The Appraisal Process Even when an insurer agrees to cover an insurance claim, disputes often arise between the insurer and the insured as to the valuation of the loss, particularly for claims under commercial property and business interruption policies. In these circumstances, policyholders should consider whether and to… Continue reading The Appraisal Clause: What It Is, and When to Enforce It
Mastering Construction Liens: Strategies for Getting Paid (Part 1)
Taylor M. Hayes and J. Daniel Weidner | Koley Jessen Here is the situation: you are a contractor who entered into a contract to construct a building, you have performed your scope of work but you have not been paid what you are owed. You filed a construction lien on the property, but how does… Continue reading Mastering Construction Liens: Strategies for Getting Paid (Part 1)