Elizabeth Leonard | Cranfill Sumner Indemnification is a term often thrown about in construction litigation, and you will see it in most standard form construction contracts. But what actually is it, and how useful is it to have when it comes to litigation in the construction context? Indemnification is a means to shift the risk… Continue reading Different Types of Indemnity and Their Relative Enforceability in Construction Litigation
Tag: Construction Litigation
Risk Transfer: The Souffle of Construction Litigation
Alexa Stephenson and Ivette Kincaid | Kahana Feld Who does not love a good souffle?! Enthusiasts will know that a great souffle is not something you can obtain quickly. Rather, it is common in restaurants to order the souffle as dessert at the beginning of the meal because it takes an hour to bake. Risk… Continue reading Risk Transfer: The Souffle of Construction Litigation
Are Lawyers to Blame for a Client’s Boorish Deposition Behavior?
Esquire Deposition Solutions Seasoned litigators know that incivility toward opposing counsel and their clients is not only unprofessional but is, ultimately, a disservice to the client. Harsh words and dilatory behavior impair constructive communications among the lawyers involved in the case, raising costs for everyone and short-circuiting opportunities for reaching a settlement prior to trial.… Continue reading Are Lawyers to Blame for a Client’s Boorish Deposition Behavior?
Why is High-End Home Construction Litigation So Difficult to Resolve?
Robert C. Carlson | Koeller Nebeker Carlson & Haluck On paper, it was a perfect match. A wealthy homeowner and their family want to build their dream home. The owner’s spouse knows the spouse of a small local builder. The owner and builder meet after their spouses connect them. They hit it off. They quickly… Continue reading Why is High-End Home Construction Litigation So Difficult to Resolve?
Securing and Protecting Home-Field Advantage in Construction Litigation
Christopher Sexton and Lisa Wampler | Cohen Seglias Pallas Greenhall & Furman In construction litigation, home-field advantage is a concept that arises quite frequently. Certainly, in the sports world where we are used to hearing this term, home-field advantage is a controversial phenomenon. But, in the legal realm, the concept is a bit more intuitive:… Continue reading Securing and Protecting Home-Field Advantage in Construction Litigation