David A. Eisenberg – October 10, 2013 Every contractor has done it — signed a lien waiver prior to receiving payment — fully expecting to be paid. You have always been paid and it has never been an issue. But is it a safe practice? To understand the risk of this common practice, it is… Continue reading Trust vs. Best Practices: the Dangers Posed by Lien Waivers
Month: October 2013
Home Defect Case Highlights Option-to-Purchase Pitfall Under Mutual Mistake Doctrine
Joe Forward, WisBar News – September 19, 2013 A couple who designed and built a home containing defects is not liable to the couple who bought the home, a state appeals court has ruled. The ruling is a contract warning for home buyers who lease homes with an option-to-purchase. Buyers Niksa and Kelly Ivancevic brought… Continue reading Home Defect Case Highlights Option-to-Purchase Pitfall Under Mutual Mistake Doctrine
Calif. Court Limits Bad Faith Claims Against Insurers
Bibeka Shrestha, Law360 – October 8, 2013 A California appeals court on Monday limited insurers’ exposure to bad faith claims by holding that carriers are not required to proactively settle a claim just because it’s clear that the stakes are higher than what their policy offers in coverage. The published ruling marks a victory for… Continue reading Calif. Court Limits Bad Faith Claims Against Insurers
Shift in Minnesota’s Law on Indemnification in Construction Contracts
Laura N. Maupin – October 10, 2013 On Aug. 1, 2013, a significant overhaul of the Minnesota statute governing indemnification and risk-shifting in construction contracts went into effect. Generally, the amendment eliminates a long-standing exception to a prohibition against risk-shifting in the construction context. However, some language in the statute leaves lingering doubt regarding the… Continue reading Shift in Minnesota’s Law on Indemnification in Construction Contracts
Statute of Limitations in Colorado
David Furtado, Merlin Law Group – October 9, 2013 My first blog as a member of Merlin Law Group is regarding the statute of limitations for certain actions in Colorado. I chose this topic since it is the first thing I analyze and advise a prospective client when I am contacted regarding a possible first… Continue reading Statute of Limitations in Colorado