Jason Taylor | Traub Lieberman On October 7, 2024, the Hawaii Supreme Court answered the question of whether an “accident” includes an insured’s reckless conduct in emitting harmful greenhouse gases (“GHGs”) and whether such emissions are “pollutants” as defined in a general liability policy’s pollution exclusion. In Aloha Petro., Ltd. v. National Union Fire Insurance Co.… Continue reading Hawaii Supreme Court Finds Climate Change Lawsuit Barred by “Pollution Exclusion”
Month: November 2024
Ethical Limits on Preparing a Witness for Deposition or Trial
Stu Richeson | The Dispute Resolver In this week’s blog post, we are going to take a brief look at ethical issues associated with preparing a witness for a deposition or to testify at trial. Most attorneys would agree that it is permissible to meet with a witness before the witness’s deposition to discuss what… Continue reading Ethical Limits on Preparing a Witness for Deposition or Trial
The Growing Trend of Contractor Negligence Liability Despite Lack of Contract Privity
Zachary Young | Patton Sullivan Brodehl Historically, courts typically refused to impose liability for negligence in the performance of a contract unless the plaintiff was a party to the contract. Thus, whenever a contractor provided services at a particular property, only the party hiring the contractor would have the ability to hold the contractor accountable… Continue reading The Growing Trend of Contractor Negligence Liability Despite Lack of Contract Privity
The Importance of Change Orders on Construction Claims
Amy Wolfshohl | Porter Hedges While change orders are widely viewed as a mechanism to increase the contract price in a construction contract, sophisticated players understand that change orders can and should be used to manage claims. From the owner’s perspective, change orders are often used to finalize compensation and delay days for specific changes… Continue reading The Importance of Change Orders on Construction Claims
Substantial Performance v. Material Breach
John Mark Goodman | BuildSmart All breaches are not created equal. A minor, technical breach may be deemed “immaterial.” Other breaches – so-called “material” breaches — deprive the non-breaching party of something important or essential to the purpose of the contract. Whether a breach is material or immaterial is normally a question for the finder of… Continue reading Substantial Performance v. Material Breach