David Adelstein | Florida Construction Legal Updates How about some more on DELAY claims and the burden of proof substantiating delay. Delay claims can no doubt be complex – factually and legally. They warrant expert opinions further bolstered by fact witness testimony from the folks that lived the details and issues. If you need assistance with a… Continue reading ..More on Delay Claims and the Burden of Proof Substantiating Delay
Tag: Burden of Proof
Waiving the Right to Arbitrate Under Federal Law
David Adelstein | Florida Construction Legal Updates If there is an arbitration provision in your contract that you want to enforce, you do not want to take action inconsistent with those rights as this could give rise to a waiver argument, i.e., that you waived your rights to arbitrate, particularly if the other party has been prejudiced. Under… Continue reading Waiving the Right to Arbitrate Under Federal Law
A Construction Defect Insurance Carrier Need Only Demonstrate That Another Insurance Carrier’s Policy May Potentially Cover The Claim In Order To Recover Equitable Contribution To A Settlement
Scott E. Hennigh – August 25, 2013 A California Appellate Court recently clarified the burden of proof for an insurance company seeking contribution from another insurance company in settlement of a construction defect action. When a company involved in construction is sued for allegedly causing property damage to the building or structure it built (i.e.… Continue reading A Construction Defect Insurance Carrier Need Only Demonstrate That Another Insurance Carrier’s Policy May Potentially Cover The Claim In Order To Recover Equitable Contribution To A Settlement