Kevin Walton | Snell & Wilmer | October 6, 2017 In Colorado, courts enforce liquidated damages provisions if three elements are satisfied: (1) the parties intended to liquidate damages; (2) the amount of liquidated damages was a reasonable estimate of the presumed actual damages caused by a breach; and (3) at the time of contracting,… Continue reading Who Says You Can’t Choose Between Liquidated Damages or Actual Damages?
Niel Franzese | Robinson & Cole | October 11, 2017 Our readers may recall that Public Act No. 15-28 was signed by the Governor back in 2015, subjecting the State of Connecticut and its political subdivisions to a statute of limitations for asserting actions and claims arising out of “construction-related work.” The law became effective… Continue reading Tic Toc Tic Toc: The Clock Is Running on Construction and Design Claims by the State of Connecticut Beginning October 1, 2017
Lee Henig-Elona | Gordon Rees Scully Mansukhani | October 12, 2017 After conflicting conclusions by the lower courts, the New Jersey Supreme Court recently decided whether a condo association’s lawsuits for construction defects were timely filed against a general contractor and three of its subcontractors. The trial court and appellate division came to opposite conclusions… Continue reading When is the Statute of Limitations Period Triggered for a Construction Defect Claim in New Jersey?
Chip Merlin | Property Insurance Coverage Law Blog | October 23, 2017 Barry Zalma recently wrote an excellent article, Claims in a Catastrophe, in the The CPA Journal. Zalma is a very experienced property insurance attorney. He is a prolific writer of articles and books involving property insurance claims. To all policyholders having felt the impact of 2017 catastrophe… Continue reading Insurance Catastrophe Claims Often Deserve a Second Opinion and Possibly a Legal Opinion
Christian Graham | National Real Estate Investor | October 19, 2017 The sunset clause is a clause providing that insurance coverage will cease after a specified point in time. When purchasing or renewing commercial general liability (CGL) policies there is often talk about “what is covered.” But the moral of this article is that it can… Continue reading Commercial General Liability Insurance Exclusions Are Worth a Close Examination