Asked and Answered: Retail Insurance Agent Meets Standard of Care by Requesting Coverage Sought, Even If Insurer Declines to Underwrite Risk

Dana Gittleman | Marshall Dennehey Weaver Warehouse sought $3 million in builder’s risk insurance and $2.6 million in existing structure coverage for property renovations; however, an error occurred in the application process, resulting in less existing structure coverage offered by the insurer, Great American. At Weaver’s request, the retail insurance agent and agency, Jeff Gottschalk… Continue reading Asked and Answered: Retail Insurance Agent Meets Standard of Care by Requesting Coverage Sought, Even If Insurer Declines to Underwrite Risk

The Role of the Technical Expert in Assessing Standard of Care in Construction Disputes

Peter Caillard | HKA Subject Matter specialists appointed as expert witnesses in dispute hearings are frequently called upon to provide opinion on whether the performance of one of the parties failed to meet the required “standard of care” as defined under the contractual agreements. This may be a critical step towards identifying fault and determining… Continue reading The Role of the Technical Expert in Assessing Standard of Care in Construction Disputes

Expert Can be Questioned on a Construction Standard, Even if Not Relied Upon

Garret Murai | California Construction Law Blog It’s not uncommon in construction defect litigation for each side retain one or more experts to give their opinion as to whether something was constructed in accordance with the standard of care. This usually results in what we legal practitioners call a “battle of the experts.” The California… Continue reading Expert Can be Questioned on a Construction Standard, Even if Not Relied Upon

The Designer’s Pre-bid Standard Of Care In A Design-Build Project

Joshua A. Morehouse | Peckar & Abrahmson Design-build continues to grow in popularity as a project delivery vehicle. Yet this popularity brings its own challenges. Design-build alters the traditional division of duties between designers, builders, and owners. Among the most obvious of these alterations is the transfer of the designer’s obligations from the owner to… Continue reading The Designer’s Pre-bid Standard Of Care In A Design-Build Project

Standard of Care

Jay Gregory | Construction Law Blog One of the key concepts at the heart of Board complaints and civil claims against a design professional is whether or not that design professional complied with the applicable standard of care. In order to prevail on such a claim, the claimant must establish (typically with the aid of expert… Continue reading Standard of Care

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