Gregory J. DuBoff, Brian D. Schmalzbach, John J. Woolard, Kate Carolyn Ashley and C. Matthew West | McGuireWoods The federal rule of evidence governing expert testimony — Rule 702 — just saw its most significant change in almost 25 years. The new Rule 702, which went into effect Dec. 1, 2023, gives litigants important new… Continue reading Important Changes to Rule 702 and Expert Testimony
Month: February 2024
Courts Surprisingly Affirm Insurance Coverage to Defend Against Economic Loss
Peter Selvin | Ervin Cohen & Jessop For parties facing class action lawsuits, where the class seeks to recover for economic losses, there may still be opportunities for insurance coverage. Thus, where economic losses arise out of the purchase of products that have the potential for causing bodily injury, insurance coverage, at least for purposes… Continue reading Courts Surprisingly Affirm Insurance Coverage to Defend Against Economic Loss
5 Keys to Early Mediation Success When Project Disputes Arise
Eric A. Grasberger | Stoel Rives Many construction, development, and real estate purchase agreements provide for early mediation as a condition precedent to arbitration or court litigation. Early mediation sessions usually fail, only to be followed months later by additional mediation sessions that succeed. If most cases are settled later, why can’t they be settled… Continue reading 5 Keys to Early Mediation Success When Project Disputes Arise
Recovering Lost Profits in Construction Claims: What Should Project Owners Do?
Blake Robinson | Davis Wright Tremaine One common consequence when a construction goes sideways, whether because the project is delayed or defects arise, is that the owner suffers lost revenue. For example, an apartment complex owner loses out on three months of rent when a project is completed three months after the substantial completion date… Continue reading Recovering Lost Profits in Construction Claims: What Should Project Owners Do?
Washington Court Denies Subcontractor’s Claim Based on Contractual Change and Notice Provisions
Wendy Rosenstein | Ahlers Cressman & Sleight The recent unpublished case, Cascade Civil Construction, LLC v. Jackson Dean Construction, Inc., et al.,[1] provides a legal justification for contractors to require a directive or change order in advance of performing changed work—thereby preventing the party who requested the changed work from later arguing that notice provisions were not… Continue reading Washington Court Denies Subcontractor’s Claim Based on Contractual Change and Notice Provisions