Robert Ambrogi – December 18, 2012 There was a major ground shift in California recently – and we’re talking not about an earthquake, but about the law governing the admission of expert testimony. In a unanimous opinion published Nov. 26, the California Supreme Court came within a hair’s breadth of adopting the federal standard for… Continue reading California Takes a Giant Step Towards Daubert
“Bad Faith”…almost sounds like an oxymoron. And while the use of the word ‘rages’ to describe the prevalence of bad faith litigation against insurance carriers seems a tad…overwrought, the usage of the term ‘rages’ is correct when describing the general perspective of insureds when they are forced to engage in litigation against their carrier. (Specifically,… Continue reading Bad Faith Litigation – Something to Avoid
Vincent G. Nelan – November 19, 2012 I had a conversation about a price term used in construction contracts that I thought the person I was talking with should have known. When I reflected on that conversation, I realized that it has taken me some time to understand the terms used in construction contracts and… Continue reading What is the Price of this Construction Contract?
In its recent decision in Aquarius Well Drilling, Inc. v. American States Insurance Co., 2012 U.S. Dist. LEXIS 172770 (E.D. Cal. Dec. 4, 2012), the United States District Court for the Eastern District of California had occasion to consider whether an insured’s professional negligence constituted an occurrence for the purpose of triggering coverage under a… Continue reading California Court Reaffirms Negligent Professional Advice not an Occurrence
Josh Johnson – December 10, 2012 As Virginia construction lawyers, we are often called upon to assist our clients on troubled projects. Almost all of these projects suffer from a common denominator – broken relationships on the project. It is rare to see claims on projects where the stakeholders (owner, general contractor, architect/engineer, and subcontractors)… Continue reading The Best Way to Avoid Construction Claims