Jonathan Ebertshauser | CHDB Law It can be difficult to determine where the obligation to maintain, repair, replace, or insure starts and stops in an association where maintenance obligations cross over the boundaries of the property line. This is regularly the case in condominium associations where Owners may be responsible for the maintenance of Common… Continue reading The Maintenance Matrix- Have You Adopted One Yet?
Month: August 2024
Risks of Exposure to Tort Claims Vary by State: Know Your Rights Before You Sign That Construction Agreement
Robert J. Golterman, Jeremy P. Brummond and Patrick F. Ganninger | Lewis Rice Parties negotiating construction agreements often think about the types of damages either party may claim if the other party breaches the agreement. Many times, however, the parties do not consider other damages that may be available under state law tort theories (such… Continue reading Risks of Exposure to Tort Claims Vary by State: Know Your Rights Before You Sign That Construction Agreement
Standard Contract Waiver Analysis Applies To Arbitration Agreements
Clara Rademacher and Joshua Rodine | Seyfarth Seyfarth Synopsis: The California Supreme Court reaffirmed that arbitration agreements are on equal footing with other types of contracts. Therefore, a court should apply the same principles that apply to other contracts to determine whether the party seeking to enforce an arbitration agreement has waived its right to… Continue reading Standard Contract Waiver Analysis Applies To Arbitration Agreements
D.C. Circuit Tackles Ensuing Loss Clause and Finds Coverage Under Builders Risk Policies
Heather Howell Wright | It Pays to Be Covered In construing policies that covered loss “caused by or resulting from water damage” but excluded coverage for loss caused by “dampness of atmosphere” or by “[e]xtremes or changes in temperature,” the United States Court of Appeals for the District of Columbia recently preserved coverage under an… Continue reading D.C. Circuit Tackles Ensuing Loss Clause and Finds Coverage Under Builders Risk Policies
Timely and Properly Assert Affirmative Defenses and Understand Statutory Conditions Precedent
David Adelstein | Florida Construction Legal Updates A recent case serves as a reminder to TIMELY and PROPERLY assert affirmative defenses and to understand statutory conditions precedent to construction lien claims. Failing to do one or the other could be severely detrimental to the position you want to take in a dispute, whether it is a lien foreclosure dispute, or any… Continue reading Timely and Properly Assert Affirmative Defenses and Understand Statutory Conditions Precedent