John C. Eichman and Grayson L. Linyard | Hunton Andrews Kurth | July 3, 2019 In two cases decided June 28, 2019, the Texas Supreme Court held that an insurer’s invocation of a contractual appraisal provision after denying a claim does not as a matter of law insulate it from liability under the Texas Prompt… Continue reading Texas Supreme Court Holds that Invoking Appraisal Provision and Paying Appraisal Amount Does Not Insulate an Insurer from Damages Under the Texas Prompt Payment of Claims Act
Month: September 2019
Common Charges In Mixed Use Condominiums
Smith Gambrell & Russell | September 16, 2019 Condominium boards that operate buildings with both commercial and residential units frequently ask us for assistance in disputes involving the calculation of common charges. Determining common charges in buildings that are completely residential is typically straightforward — the board develops a budget and then divides the projected… Continue reading Common Charges In Mixed Use Condominiums
Alabama Supreme Court Clarifies Construction Lien Priority
Madeline Hughes and Stephen Pudner | Baker Donelson | September 17, 2019 The Alabama Supreme Court recently reinforced its policy of giving priority to construction lenders over materialmen in its holding in GHB Construction and Development Co., Inc. v. West Alabama Bank and Trust, 2019 WL 1416893 (Ala. 2019). GHB, a contractor, challenged the priority of… Continue reading Alabama Supreme Court Clarifies Construction Lien Priority
“Slow and Steady Doesn’t Always Win the Race” – Applicability of a Statute of Repose on Indemnity/Contribution Claims in New Hampshire
Rahul Gogineni | White and Williams | September 3, 2019 In Rankin v. South Street Downtown Holdings, Inc., 2019 N.H. LEXIS 165, the Supreme Court of New Hampshire considered, pursuant to a question transferred by the trial court, whether RSA 508:4-b, the statute of repose for improvements to real property, applies to indemnity and contribution claims. The… Continue reading “Slow and Steady Doesn’t Always Win the Race” – Applicability of a Statute of Repose on Indemnity/Contribution Claims in New Hampshire
New Illinois Law Impacts Retainage For Contractors
Matthew Horn | SmithAmundsen | September 13, 2019 The Illinois legislature recently passed a law modifying the Contractor Prompt Payment Act, impacting retainage on all private projects (except residential projects involving twelve units or less). The law sets the ceiling for retainage at 10%, and requires that retainage be reduced to no more than 5% once the… Continue reading New Illinois Law Impacts Retainage For Contractors