Melissa Billig, Kenneth Block, Brandon Reiner, Stuart Rosen and Hillel Sussman | Tannenbaum Helpern Syracuse & Hirschtritt Lately, it seems as though the most contentious legal issue in construction contracting revolves around indemnification clauses and the interrelated waiver of consequential damages. Owners customarily seek full defense and indemnification from contractors for all claims of third… Continue reading Protecting Owners With Robust Indemnification Clauses
Month: June 2024
How to Write an Effective Notice of Deposition
Esquire Deposition Solutions It all starts with a notice. In modern civil litigation, the notice of deposition is the principal means for litigators to ensure that the objectives of deposing a witness are met in a timely, cost-effective, and lawful manner. That’s because a well-drafted notice of deposition gives all counsel of record the information… Continue reading How to Write an Effective Notice of Deposition
Nondelegable Duties
David Adelstein | Florida Construction Legal Updates Have you heard the expression “nondelegable duty”? The issue of a nondelegable duty comes into play when a party hires an independent contractor and the independent contractor commits negligence, primarily in the personal injury context. In other words, a plaintiff wants to hold a defendant liable for the injuries caused by… Continue reading Nondelegable Duties
Insurer’s Motion for Summary Judgment on Faulty Workmanship Denied
Tred R. Eyerly | Insurance Law Hawaii The court found that the insurer failed to meet its burden on summary judgment seeking a judgment that faulty workmanship precluded coverge. Auto-Owners Ins., Co. v. AAA Discount Homes, LLC, 2024 U.S. Dist. LEXIS 48463 (S.D. Ga. March 19, 2024). Heather Way sued AAA Discount… Continue reading Insurer’s Motion for Summary Judgment on Faulty Workmanship Denied
When a Project Goes Awry and You Want to Collect: Real World Advice for the Construction Industry
Marcus R. Tucker, Patrick M. Shelby and Winston R. Grow | Phelps Dunbar In the past 12 months, forecasts have suggested that an economic downturn may be coming based on the interplay of historic interest rates, inflation, volatility in the stock market, high corporate and consumer debt and tightening of bank lending, among others. In… Continue reading When a Project Goes Awry and You Want to Collect: Real World Advice for the Construction Industry