Month: February 2013

OSHA Assessing State Safety Offices’ Effectiveness

Ron Shawgo – February 24, 2013 Problems in Nevada four years ago have federal officials still trying to determine whether states with their own workplace safety agencies are as good as OSHA. So-called “state plans,” like the Nevada Occupational Safety and Health Administration and the Indiana OSHA, are supposed to be just as effective as… Continue reading OSHA Assessing State Safety Offices’ Effectiveness

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Arbitration vs. Litigation – 5 Issues to Consider

J. David Arkell and Benjamin M. Petre – February 14, 2013 Our topic for the month… Deciding whether to utilize a mandatory arbitration clause in a contract is important, especially in the construction industry. Advantages and disadvantages of litigation versus arbitration should be carefully weighed before entering into a contract or subcontract. Factors to consider:… Continue reading Arbitration vs. Litigation – 5 Issues to Consider

Arbitrating Construction Defect Claims

Wally Zimolong – February 18, 2013 The headline of a recent article on Lexology grabbed my attention:  “How to Guarantee the HOA Can’t Litigate the Condo Construction Defect Claims.”  The authors’ means to preventing litigation of construction defect claims was even more intriguing: arbitration clauses. How can arbitration clauses guarantee that no ligation over construction defect… Continue reading Arbitrating Construction Defect Claims

Appraisal in Flood Claims

Robert Trautmann – February 19, 2013 A topic of much debate after Hurricane Sandy is the appropriateness of appraisal when property owners and their carrier do not agree. Can appraisal address scope (coverage) as well as price? While this area of the law is still developing, courts are unfortunately leaning to a restricted interpretation of… Continue reading Appraisal in Flood Claims