Mediating Construction Claims In Real-Time

Eric Brodfuehrer | Ankura Consulting Group Why Owners and Contractors Should Consider a “Third-Party Neutral” To Resolve Disputes Prior to the Completion of a Project A Third-Party Neutral During Construction Primer What Is a Third Party Neutral? A Third-Party Neutral, or Project Neutral, is typically understood to be a mediator or arbitrator in legal proceedings… Continue reading Mediating Construction Claims In Real-Time

Client Alert: Fifth Circuit Guidance for Newly-Offered Expert Opinions and the Concurrent Causation Doctrine in Insurance Coverage Cases

Cianan Lesley and Brian Scarbrough | Jenner & Block The United States Court of Appeals for the Fifth Circuit’s recent opinion in Majestic Oil, Inc. v. Certain Underwriters at Lloyd’s, London Subscribing to Policy Number W1B527170201, No. 21-20542 (5th Cir. Mar. 17, 2023), offers important guidance for practitioners in insurance coverage cases faced with offering new or… Continue reading Client Alert: Fifth Circuit Guidance for Newly-Offered Expert Opinions and the Concurrent Causation Doctrine in Insurance Coverage Cases

Contrasting Expert Opinions Result in Denial of Cross Motions for Summary Judgment

Tred R. Eyerly | Insurance Law Hawaii     Given the opposing experts’ contradictory reports, the court denied both the insured and insurer’s motions for summary judgment regarding coverage for a pipe leak. Pronti v. Hanover Ins. Co., 2022 U.S. Dist. LEXIS 222306 (W.D. N. Y. Dec. 9, 2022).     The insured had a swimming… Continue reading Contrasting Expert Opinions Result in Denial of Cross Motions for Summary Judgment

Thinking About a Daubert Motion to Challenge an Expert Opinion?

David Adelstein | Florida Construction Legal Updates When you receive an expert opinion, one of the first things you are considering is whether it is worth filing a Daubert motion / challenge.  A Daubert motion is a generally a pretrial motion you are using to challenge the admissibility of the expert opinion.  Keep in mind this deals with the admissibility, not the credibility,… Continue reading Thinking About a Daubert Motion to Challenge an Expert Opinion?

A Retrospective As-Built Schedule Analysis can be used to Support Delay

David Adelstein | Florida Construction Legal Updates Delay claims are part of construction.   There should be no surprise why.  Time is money.  A delay claim should be accompanied by expert opinions that bolster evidence that gets introduced.  The party against whom the delay claim is made will also have an expert – a rebuttal expert.  Not surprisingly, each… Continue reading A Retrospective As-Built Schedule Analysis can be used to Support Delay

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