Travis Chance and Emily L. Dyer | Brownstein Hyatt Farber Schreck The Federal Arbitration Act (FAA) governs contracts “evidencing a transaction involving commerce” wherein the parties have agreed to arbitrate any dispute that may arise out of the contract. 9 U.S.C. Section 2. The FAA’s application is broad—in the words of the United States Supreme… Continue reading High Court Confirms That “Stay” Means “Stay” When Arbitration is Compelled
Month: May 2024
What Is Reasonable Care for Maintaining Heat in an Unoccupied Home?
Ashley Eldridge and Paul Ferland | Property Insurance Law Observer The New York Supreme Court recently weighed in on what constitutes “reasonable care” to maintain heat in the context of a first-party insurance policy exclusion requiring such reasonable care. In Michael Zimmerman v. Leatherstocking Cooperative Insurance Company, CV-23-0362, 2024 NY Slip Op 02113 (April 18, 2024),… Continue reading What Is Reasonable Care for Maintaining Heat in an Unoccupied Home?
Mistake No. 3 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Failing to Perform Due Diligence on Potential Mediators and Arbitrators
David K. Taylor | BuildSmart I have practiced law for 40 years, with the vast majority as a “construction” lawyer. I have seen great… and bad construction lawyering, both when on the other side of a dispute, as well as when serving over 300 times as a mediator or arbitrator in construction disputes. To be… Continue reading Mistake No. 3 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Failing to Perform Due Diligence on Potential Mediators and Arbitrators
Practical Tips for Negotiating an Effective Contractual Limitation of Liability
Jason Ebe | Snell & Wilmer In this author’s experience, the most effective contract terms are those that mirror the parties’ business expectations and negotiations and allocate risk in a fair and balanced manner. Some advocates treat contract negotiations as they do litigation, always seeking to gain an advantage over their opponent. However, lopsided risk… Continue reading Practical Tips for Negotiating an Effective Contractual Limitation of Liability
Avoid Litigation in Multiple Forums – Check the Additional Insured Endorsement
R Thomas Dunn and Sheya Rivard | Pierce Atwood While lawyers often advise owner and contractor clients to obtain the additional insured endorsements, the certificate of insurance (COI) remains the most common form of proof provided on many construction projects. But the COI does not contain the language of the additional insured coverage, and it… Continue reading Avoid Litigation in Multiple Forums – Check the Additional Insured Endorsement