Robert J. Jossen | FebArb It is a common refrain in mediations, “how about making a mediator’s proposal?” The answer frequently is “not yet” or “that’s not what I want to do.” What are the details behind the concept of a “mediator’s proposal” and when is it appropriate to be offered by the mediator and… Continue reading The Whys and Hows of a Mediator’s Proposal
Not So Cleaver: Why Merely Referencing a Proposal May Not Incorporate Its Terms
W. Hunter Webb and John Mark Goodman | BuildSmart In construction contracts, proposals, drawings, studies, etc. are often incorporated by reference. A Nebraska federal court recently addressed what language is sufficient to accomplish such incorporation. In Cleaver Brooks Co. v. B&K Mechanical Contractors, LLC, No. 4:23-CV-3243, 2026 WL 2254434 (D. Neb. Aug. 5, 2026), the court… Continue reading Not So Cleaver: Why Merely Referencing a Proposal May Not Incorporate Its Terms
When the Ground Gives Way, So Does Coverage: New York Applies Earth Movement Exclusion to Adjacent Construction
Tracey Jordan and Joshua Tumen | Cozen O’Connor Major construction on a crowded urban lot almost inevitably causes issues with adjoining property owners. A recent New York decision confirms that when the earth moves, earth movement exclusions may preclude coverage. In Gogam v. Admiral Indemnity Co., 2026 WL 2595045 (N.Y. Sup. Ct. Aug. 21, 2026), the… Continue reading When the Ground Gives Way, So Does Coverage: New York Applies Earth Movement Exclusion to Adjacent Construction
Ohio Supreme Court Upholds Binding Appraisal Award, Rejects Insured’s Claim for Subsequently Discovered “Hidden” Damage
Graciana Zevallos | Carlton Fields Recently, the Ohio Supreme Court held that an insured’s allegation that additional “hidden” damages were discovered after completion of a binding appraisal were insufficient to state a claim for mistake that would permit the appraisal award to be set aside. In One Church v. Brotherhood Mutual Insurance Co., the insured church… Continue reading Ohio Supreme Court Upholds Binding Appraisal Award, Rejects Insured’s Claim for Subsequently Discovered “Hidden” Damage
New Florida Law Adds Licensing Risk to Contractor/Subcontractor Payment Disputes
Brett J. Moritz and Ali Heyat | Peckar & Abramson Effective July 1, 2026, Florida’s newly enacted Section 489.1295 of the Florida Statutes, titled “Prohibition Against Nonpayment,” requires licensed contractors to timely compensate subcontractors and suppliers for labor, services, or materials. Enacted as part of Senate Bill 290 (Ch. 2026-3, Laws of Fla.), the statute… Continue reading New Florida Law Adds Licensing Risk to Contractor/Subcontractor Payment Disputes