Word of the Day: Litigious . . . As in U.S. Not Most Litigious When it Comes to Construction Disputes

li·ti·gious adjective of or pertaining to litigation. excessively or readily inclined to litigate: a litigious person. inclined to dispute or disagree; argumentative Related forms li·ti·gious·ness noun The U.S., to many, is the poster child for litigiousness. Think woman sues fast food restaurant for serving hot coffee, think man sues beer company when beautiful women did… Continue reading Word of the Day: Litigious . . . As in U.S. Not Most Litigious When it Comes to Construction Disputes

Indemnity and Insurance in Arizona: Key Concepts for Owners, Contractors and Design Professionals

James J. Sienicki and Eric Spencer – June 20, 2013 Accidents and losses unfortunately happen on construction projects. Thus, it is prudent, on the front end of a project, to prospectively determine which party or parties will ultimately pay in the event accidental damage or loss occurs. This risk is often allocated through an interlocking… Continue reading Indemnity and Insurance in Arizona: Key Concepts for Owners, Contractors and Design Professionals

The “Occurrence” Debate Continues: Pennsylvania and North Dakota Edition

Aaron Mandel and Stevi Raab – April 30, 2013 As noted in our previous installment of CDCQ, the “occurrence” issue is one of the most hotly litigated topics in construction defect coverage cases. This last quarter was no exception. Two recent cases addressing this issue – and reaching opposite results when it comes to whether… Continue reading The “Occurrence” Debate Continues: Pennsylvania and North Dakota Edition

Electrical Discovery In Commercial, Construction Disputes Poses Challenges

Gregory R. Meeder – March 13, 2013 Arbitration and mediation, two forms of alternative dispute resolution (ADR), are popular forums in which to resolve commercial and construction disputes because ADR is considered less expensive, faster and more efficient than court litigation. In recent years, however, ADR — specifically arbitration — has been criticized as becoming no… Continue reading Electrical Discovery In Commercial, Construction Disputes Poses Challenges

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