Amanda Manke, David Wilhelmsen and Craig Williams | Snell & Wilmer Retainage is a practice, standard in the construction industry, of withholding predetermined portions of payments due to the contractor until the project is complete. Developers (including project owners and their lenders) prefer requiring retainage for three primary reasons. First, retainage encourages their contractors to… Continue reading Retainage in the Southwest: A Look Into Arizona and New Mexico Retainage Laws
Month: June 2024
Florida Supreme Court Rules Appraisal Can Be Compelled Even If Coverage Issues Remain
Gabrielle Wright | Marshall Dennehey Am. Coastal Ins. Co. v. San Marco Villas Condo. Ass’n, Inc., SC2021-0883, 2024 WL 369079 (Fla. 2024) The defendant, San Marco, filed a property claim with its insurer, American Coastal, for damage sustained to its property after Hurricane Irma. American Coastal paid San Marco for the claimed damage. Thereafter, San… Continue reading Florida Supreme Court Rules Appraisal Can Be Compelled Even If Coverage Issues Remain
Construction Liens: The Perils of Procrastination
Blake Robinson | Davis Wright Tremaine In a perfect world, every property owner would promptly pay their contractor’s bill. Of course, we do not live in a perfect world. For that reason, contractors are able to record construction liens to secure their payment rights. But just because a contractor has the right to record a… Continue reading Construction Liens: The Perils of Procrastination
Res Judicata Bars Insured from Challenging Insurer’s Use of Schedule to Deduct Depreciation from the Loss
Tred R. Eyerly | Insurance Law Hawaii The insured was barred by res judicata from filing a second lawsuit challenging the insurer’s method of establishing the amount of the loss. Burke v. GeoVera Spec. Ins. Co., 2024 U.S. App. LEXIS 9186 (5th Cir, April 16, 2024). On August 29, 2021, Hurricane Ida… Continue reading Res Judicata Bars Insured from Challenging Insurer’s Use of Schedule to Deduct Depreciation from the Loss
The Top Ten Most Common Frustrations Of Mediation
Kevin K. Fitzharris | BarrettMcNagny For most litigants, mediation has become their day in court. It’s a big deal! This article explores the top ten most common frustrations associated with mediation and tips on how to avoid them. 1. “We are not scheduling mediation until x happens!” At times, a plaintiff may be hesitant to… Continue reading The Top Ten Most Common Frustrations Of Mediation