Steven Badger | Claims Journal | April 6, 2016 Almost two years ago I wrote an article for Claims Journal entitled “The Emerging Hail Risk: What the Hail is Going on?” The response was overwhelming. It was Claims Journal‘s most read article for several weeks and the second most read article for the entire year.… Continue reading The Emerged Hail Risk: What the Hail is Still Going on and Getting Worse?
Month: April 2016
Fourth Circuit: Courts, Not Arbitrators, Decide If Arbitration Agreement Authorizes Class-Wide Arbitration
Archis A. Parasharami, Kevin S. Ranlett and Charles E. Harris, II | Mayer Brown | April 4, 2016 A unanimous panel of the U.S. Court of Appeals for the Fourth Circuit has held that the question whether an arbitration agreement authorizes class-wide arbitration is for the courts, not an arbitrator, to decide—unless the agreement clearly… Continue reading Fourth Circuit: Courts, Not Arbitrators, Decide If Arbitration Agreement Authorizes Class-Wide Arbitration
Can Active Interference By Owner Invalidate A No Damages For Delay Clause? Sometimes.
Matthew DeVries | Best Practices Construction Law | April 12, 2016 Some will say that a “no damages for delay” clause is harsh. Well, it depends on which hat you wear. If you are a contractor, you have a reasonable expectation that you will be paid for the extra work to overcome a delay beyond… Continue reading Can Active Interference By Owner Invalidate A No Damages For Delay Clause? Sometimes.
Arbitration vs. Litigation: The Great Debate
David K. Taylor | Bradley Boult Cummings LLP | April 12, 2016 Many of the “form” commercial construction contracts (e.g., AIA forms) contain “dispute resolution” clauses proposing binding arbitration as opposed to courtroom litigation. Most U.S. courts, faced with the number of cases flooding the legal system, regularly enforce arbitration clauses. However, the decision to… Continue reading Arbitration vs. Litigation: The Great Debate
Construction Trade Groups take First Legal Shot at OSHA Silica Rule
Gloria Gonzalez | Business Insurance | April 4, 2016 A coalition of trade associations has filed a legal challenge against the Occupational Safety and Health Administration’s final silica rule. The anticipated challenge to the controversial regulation, which will lower the amount of silica dust workers can be exposed to and mandate certain controls to limit… Continue reading Construction Trade Groups take First Legal Shot at OSHA Silica Rule