When Is A Letter Of Intent, Not A Letter Of Intent?

Lawrence C. Kasmen | Berman Fink Van Horn | March 14, 2019 Often overlooked, and even more often mischaracterized, a letter of intent (LOI) provides a valuable guide and preliminary structure for parties entering into a commercial real estate transaction. However, without a proper understanding of the purpose and utility, uninformed parties may find themselves… Continue reading When Is A Letter Of Intent, Not A Letter Of Intent?

Can My Recovery be Limited to Actual Cash Value When the Insurer’s Failure to Pay Prevented Compliance with My Policy Condition on Recovering Replacement Cost?

Paul LaSalle | Property Insurance Coverage Law Blog | March 12, 2019 Insurers often try to limit damages once they are found liable for breach of the insurance contract by claiming that the insurance policy limits the insured’s recovery to the actual cash value because the insured did not comply with the policy’s condition on… Continue reading Can My Recovery be Limited to Actual Cash Value When the Insurer’s Failure to Pay Prevented Compliance with My Policy Condition on Recovering Replacement Cost?

Minnesota Court Allows Punitive Damages Claim Against Contractor

Nicholas A. Loyal | Stinson Leonard Street | February 21, 2019 Punitive damages in construction cases are rare, but the Minnesota Court of Appeals recently allowed a driver to seek punitive damages after he was injured by debris falling from a construction company’s truck. The court’s decision provides a framework for punitive damage claims to… Continue reading Minnesota Court Allows Punitive Damages Claim Against Contractor

Initial Discovery Disaster Litigation Protocols Are Established

Chip Merlin | Property Insurance Coverage Law Blog | February 27, 2019 Rene Sigman from Merlin Law Group’s Houston office was invited to work with a panel of judges to determine a set of pretrial procedures designed to resolve cases efficiently, quickly, and fairly. Their work has finished and have published a set of protocols that most of… Continue reading Initial Discovery Disaster Litigation Protocols Are Established

Deposition Preparation

Robert J. Franco | Franco Moroney Buenik Depositions are probably the worst experience faced by those in the construction industry. Apart from the annoyance and distraction, people do not like sitting in an office answering questions. A deposition is a formal legal proceeding. It is neither a “statement,” nor an “interview.” Before the deposition begins,… Continue reading Deposition Preparation