Tred R. Eyerly | Insurance Law Hawaii | August 19, 2019 The court determined that there was coverage in a construction defect case for portions of an arbitration award. Liberty Surplus Ins. Corp. v. Century Sur. Co., 2019 U.S. DIst. LEXIS 116093 (S.D. Texas July 12, 2019). Descon Construction contracted with the… Continue reading Insurer Must Cover Portions of Arbitration Award
Christopher G. Hill | Construction Law Musings | October 25, 2019 If there is one “theme” to Construction Law Musings, those that read regularly hopefully see that I take my role as counselor to construction companies seriously. Aside from the fact that litigation and arbitration are both expensive and not a great way for any business, particularly a construction… Continue reading Where Pragmatism and Law Collide
Stan Millan | Jones Walker | October 2, 2019 Conflict in a negotiation is to be expected and is arguably healthy for the process. Owners and contractors are constantly engaged in negotiations; whether it be negotiating changes to the work, changes to the schedule, or changes to the contractual terms. But at what point does… Continue reading When do Hard-Nosed Negotiations Become Coercion? Or, When Should you Feel Unlucky?
Tred R. Eyerly | Insurance Law Hawaii | August 21, 2019 The court determined that portions of an arbitration award against the insured contractor based upon faulty workmanship were covered by the policy. Wallace v. Nautilus Ins. Co., 2019 U.S. Dist. LEXIS 122219 (D. N. H. July 23, 2010). Plaintiffs, owners of… Continue reading Insurer Must Pay Portions of Arbitration Award Related to Faulty Workmanship
David M. McLain | Colorado Construction Litigation | September 23, 2019 My advice to home builders has long been to arbitrate construction defect claims instead of litigating them in front of juries. Based on my experience and watching others litigate claims, I have learned that home builders usually fare better in arbitration than in jury trials,… Continue reading Why Builders Should Reconsider Arbitration Clauses in Construction Contracts