To Be or Not to Be in Arbitration? That is the Question

Tony Byler and Daniel E. Fierstein | Construction Law Signal | January 14, 2016 Arbitration has become a very common and effective way to resolve construction disputes in lieu of traditional litigation, and it is easy to understand why: The parties can select arbitrators with construction expertise who speak their language and are more likely… Continue reading To Be or Not to Be in Arbitration? That is the Question

Causes of Insurance Disputes

Advise & Consult, Inc. | November 9, 2015 The details and specifications of insurance disputes can be never ending, with a number of permutations and specifications possible for each insurance dispute. Yet when you look down to the core of the issue, the primary causes for the insurance disputes boil down to a few similar… Continue reading Causes of Insurance Disputes

Construction Contract Fundamental Rules

Advise & Consult, Inc. | August 24, 2015 Construction contracts are the basis for the involved parties to know what their obligations and legal responsibilities on a particular project.  Disputes and potential legal action risks are high when the parties do not have a contract, or when that contract is a verbal contract.  To file… Continue reading Construction Contract Fundamental Rules

Oregon Supreme Court enforces Indemnity Provisions, but Only to a Point

Gabe Weaver | The Policyholder Report | July 8, 2015 The Oregon Supreme Court recently addressed an issue that has been the source of significant uncertainty in construction disputes: the extent to which construction agreements can require subcontractors to indemnify general contractors for damages caused by the negligence of others. This issue keenly interests coverage counsel… Continue reading Oregon Supreme Court enforces Indemnity Provisions, but Only to a Point

Eleventh Circuit Defines “Structural Damage” Under An Insurance Policy

A. David Fawal | Butler Snow LLP | April 2, 2015 Although commonly used in insurance policies, the term ” structural damage ” is typically an undefined term, leaving it to insurers, insureds, and sometimes the courts to define. In Florida, federal district courts had come to different conclusions as to the definition, and recently,… Continue reading Eleventh Circuit Defines “Structural Damage” Under An Insurance Policy

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