Gilbert A. Samberg | Mintz | February 25, 2019 Want to give up a contractual right to arbitrate? Easy. Don’t seek to enforce it. For example, just litigate for awhile and don’t mention your arbitration clause. The court has no obligation sua sponte to raise or enforce your contractual right if you choose not to. Or do… Continue reading “Just What Was Needed”: Another Way to Waive a Right to Arbitrate
Month: March 2019
Caveat Contractor: Arizona Court Of Appeals Interprets Prompt Pay Act As “Prompt Billing Act” To Deny Relief To Unpaid Contractor
Todd A. Baxter | Dickinson Wright | March 5, 2019 The Arizona Court of Appeals recently denied a contractor’s claim that the owner had violated Arizona’s prompt pay act (“Prompt Pay”) despite the owner’s admission that it had not paid the contractor or objected to the payment application within the statutory time.1 The court’s reason for… Continue reading Caveat Contractor: Arizona Court Of Appeals Interprets Prompt Pay Act As “Prompt Billing Act” To Deny Relief To Unpaid Contractor
How to Stop Delay, Deny, Defend
Chip Merlin | Property Insurance Coverage Law Blog | March 5, 2019 Rutgers insurance law professor Jay Feinman wrote a book, Delay Deny Defend: Why Insurance Companies Don’t Pay Claims and What You Can Do About It, which exposed many insurance company unfair claims practices. In the last chapter of the book, he discussed how we… Continue reading How to Stop Delay, Deny, Defend
When is a “Willful” Violation Willful (or Not) Under California’s Contractor Enforcement Statutes?
Garret Murai | California Construction Law Blog | March 4, 2019 The enforcement statutes applicable to the California Contractors’ State License Board aren’t exactly models in clarity. A few examples: Business and Professions Code Section 7107: Abandonment without legal excuse of any construction project or operation engaged in or undertaken by the license as a contractor… Continue reading When is a “Willful” Violation Willful (or Not) Under California’s Contractor Enforcement Statutes?
Is an Adjuster Independently Liable for Bad Faith Conduct?
J. Ryan Fowler | Property Insurance Coverage Law Blog | March 10, 2019 I often get calls from potential clients that have filed a claim with their insurance and have been enraged by an insurance agent or adjuster assigned on the claim. Many potential clients say something like “I just wanted to get the claim… Continue reading Is an Adjuster Independently Liable for Bad Faith Conduct?