Nancy Holtz and Patricia Thompson | JAMS A recent federal court ruling held that an arbitration award would be enforced under the facts of that case, regardless of whether the parties considered the award “good, bad or ugly.” See RSM Production Corp. v. Gaz du Cameroun, S.A., 117 F.4th 707, 714 (5th Cir. 2024). As explained… Continue reading How Not to Frustrate an Arbitrator
Tag: Advise & Consult
Ticking Coverage Bomb: The Cost Of Delayed Notice In Claims-Made Policies
Jean-Paul Rudd | Adams & Adams Claims-made policies often require that policyholders notify their insurer promptly or as soon as practicably possible after an incident that may give rise to a claim. This requirement exists primarily to allow insurers to investigate potential claims while evidence is still fresh. Prompt notice helps ensure that key details… Continue reading Ticking Coverage Bomb: The Cost Of Delayed Notice In Claims-Made Policies
The Impact Of Corrective Work On Performance Bond Deadlines: A Case Study
Jose A. Aquino | Duane Morris The recent decision in BCC Housing Development Corp. v. LPCiminelli, Inc., entered on February 27, 2025, by the New York Supreme Court, Appellate Division, Third Department, addresses the enforcement of contractual time limits in performance bonds and clarifies when a contractor’s work is considered complete under a construction contract. BCC… Continue reading The Impact Of Corrective Work On Performance Bond Deadlines: A Case Study
Avoiding Contract Conflicts: 5 Key AIA Provisions to Align with Loan Documents
Jake Carroll and Jenna L. Lasseter | Nelson Mullins When negotiating construction contracts, attorneys often focus on the American Institute of Architects (AIA) A201-2017 General Conditions, a widely used standard in the industry. However, construction loan agreements, drafted from the lender’s perspective, frequently contain provisions that conflict with or impose additional obligations beyond those in… Continue reading Avoiding Contract Conflicts: 5 Key AIA Provisions to Align with Loan Documents
Builder’s Risk: Complexities in Insuring Existing Structures
Jonathan Held | J.S. Held Introduction Property insurance for projects under construction can be significantly complex. Insuring renovation projects under a builder’s risk policy will often require more care in crafting a policy that provides adequate protection. This paper is intended to highlight the myriad complexities of insuring a renovation project under a builder’s risk… Continue reading Builder’s Risk: Complexities in Insuring Existing Structures