Donald Rupert – January 8, 2013 Litigating in federal courts requires adherence to the Federal Rules of Civil Procedure. One noteworthy rule is Rule 26 (a)(1), which provides for an initial disclosure of, among other things, the identity of individuals likely to have discoverable information. However, a failure to meet the obligations of that rule… Continue reading 4 Ways to Avoid the Rule 26 Trap
Month: February 2013
The Gamesmanship Of The Property Insurance Claims Process…Yes You Have To Show The Insurer The Damaged Property, But You Also Have To Repair It Promptly
Shaun Marker – January 14, 2013 Insurance policies have certain provisions that must be complied with in a property insurance claim. These are called duties after loss, and if reasonably requested by the insurer, they must be complied with. Recently, an insurer in New York became involved in litigation over whether the policyholder had shown… Continue reading The Gamesmanship Of The Property Insurance Claims Process…Yes You Have To Show The Insurer The Damaged Property, But You Also Have To Repair It Promptly
Even after Work is Completed and Accepted by the Project Owner, Contractors have an Ongoing Duty to Maintain Construction Site Conditions
Jonathan M. Allen – January 17, 2013 On November 21, 2012, the Colorado Court of Appeals issued a decision with potentially far-reaching implications. In Collard v. Vista Paving Corp., 2012 COA 208 (2012), the court concluded that contractors have a duty to warn of potential dangers at a construction site resulting from their work after… Continue reading Even after Work is Completed and Accepted by the Project Owner, Contractors have an Ongoing Duty to Maintain Construction Site Conditions
The Differences Between “Pay if Paid” and “Pay when Paid” Clauses in Construction Contracts
Stephen K. Pudner – January 15, 2013 As attorneys that draft construction contracts and litigate construction disputes on a regular basis, we have seen how construction contract terms are used in contracts and what the practical effects of these terms may be on the rights and obligations of parties to those contracts. While a previous… Continue reading The Differences Between “Pay if Paid” and “Pay when Paid” Clauses in Construction Contracts