Practice Tip: Clawback Agreements

Katharine E. Kohm | The Dispute Resolver | July 21, 2018 As construction attorneys, we’re no strangers to voluminous productions of client documents and communications, both in electronic and hardcopy formats, during discovery.  Even with proper safeguards in place during document review, there exists the possibility that some privileged material may accidentally slip over to an opposing party.  Production of such… Continue reading Practice Tip: Clawback Agreements

What If It’s Impossible to Comply with the Bid Requirements?

Jacob E. Roussel | Breazeale Sachse & Wilson LLP | July 19, 2018 Contractors performing public works projects are well aware that they must comply with the Public Bid Law and the public entity’s bidding documents in submitting their bids. But what if it is impossible to do so? That was the scenario in the… Continue reading What If It’s Impossible to Comply with the Bid Requirements?

Lay Witness or Expert Witness Testimony on Diminished Value?

Shane Smith | Property Insurance Coverage Law Blog | July 22, 2018 In a first-party property insurance dispute, a property owner may seek to have a lay witness or expert witness testify that the value of his or her property diminished in value as a result of the loss. In a recent Georgia case, Woodrum v.… Continue reading Lay Witness or Expert Witness Testimony on Diminished Value?

Additional Insured Coverage and Primary/Excess Priority Disputes, Oh My

James W. Bryan | Nexsen Pruet | July 19, 2018 Additional insured coverage in construction projects is one of the most vexing issues facing insurance coverage lawyers. Add to the complexity a priority dispute between primary and excess insurers and you have a recipe for complex coverage litigation. Recently, the Fourth Circuit tackled these issues… Continue reading Additional Insured Coverage and Primary/Excess Priority Disputes, Oh My

Denied Water Damage Claims and Unethical Adjuster Conduct

Chip Merlin | Property Insurance Coverage Law Blog | July 9, 2018 Denied water damage claims are one of the more frequently handled claims by our law firm. The cost to repair these claims can be quite high depending on many factors including the length of time the water leaked, the length of the leak,… Continue reading Denied Water Damage Claims and Unethical Adjuster Conduct

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