Patrick Barthet | Construction Executive Someone once said, more people could learn from their mistakes if they weren’t so busy denying that they made them in the first place. In the construction industry, mistakes are not uncommon. Addressing them, however, can be complicated. What should a contractor do when the project owner says some aspect… Continue reading Fixing That Mistake
Tag: Spoliation of Evidence
The Ultimate Sanction: Dismissal as a Spoliation Remedy
Richard Maleski | Cozen O’Connor It will come as no surprise to subrogation professionals that retaining evidence for future inspection is essential to successfully prosecuting a subrogation claim. A new opinion out of the U.S. District Court for the Western District of Virginia demonstrates just how essential evidence retention is. In Nautilus Insurance Co. v. Appalachian… Continue reading The Ultimate Sanction: Dismissal as a Spoliation Remedy
Avoiding Spoliation of Evidence is an Ongoing Obligation
Julian E. Nelser | Spilman Thomas & Battle | October 17, 2018 Destruction of evidence can be fatal in any lawsuit, but it is especially troubling in construction defect disputes. It’s always important to allow an opponent and their expert the opportunity to inspect premises and review the alleged defects. A recent Pennsylvania appellate decision… Continue reading Avoiding Spoliation of Evidence is an Ongoing Obligation