California Limits Indemnification Obligations of Design Professionals

William L. Doerler | The Subrogation Stategist | August 18, 2017 The California legislature recently enacted legislation – SB 496 – limiting a design professional’s indemnification obligations in private contracts related to design services. The term “design professional” refers to licensed architects, landscape architects and professional land surveyors, and registered professional engineers. As revised, Cal.… Continue reading California Limits Indemnification Obligations of Design Professionals

Collapse of Improperly Built Deck Not An Occurrence

Tred Eyerly | Insurance Law Hawaii | August 16, 2017 The court found that the insured’s faulty construction of an outside deck did not arise from an occurrence. Employers Mut. Cas. Co. v. West, 2017 U.S. Dist. LEXIS 113951 (N.D. Miss. July 21, 2017). D.L. Action Construction Company (DLA) constructed multifamily dwellings. They were sued by… Continue reading Collapse of Improperly Built Deck Not An Occurrence

Nevada Non-Mutual Claim Preclusion Case Effect on Permissive Cross-Claims

James Cavanaugh | Gordon Rees Scully Mansukhani | August 15, 2017 In construction defect litigation, including matters where the contractors are covered by owner controlled insurance policies (“OCIP”) or design professionals are not sued by plaintiff, a question often arises as to whether or not the co-defendants should file cross-claims for indemnity or contribution regarding… Continue reading Nevada Non-Mutual Claim Preclusion Case Effect on Permissive Cross-Claims

The Construction Attorney’s Toolbox—Building Solutions Through Mediation

Kent B. Scott | Babcock Scott & Babcock | August 18, 2017 Introduction Today’s current economic climate challenges owners and contractors to complete projects in less time for less money. These pressures have created more demanding time schedules and monetary budgets that, in turn, have created an increased number of disputes. Another developing trend is… Continue reading The Construction Attorney’s Toolbox—Building Solutions Through Mediation

Changing Landscape in Residential Construction Defect Cases

Jennifer M. Horn | The Legal Intelligencer | August 22, 2017 It is no secret that building envelope construction defects are prominent throughout our region. This issue affects thousands of properties and multiple builders. These defects are truly latent, with no visual cues or outward manifestation of water infiltration. Homeowners often discover the defect when… Continue reading Changing Landscape in Residential Construction Defect Cases

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