Scott R. Murphy | Barnes & Thornburg | September 27, 2019 The Michigan Court of Appeals held that an arbitrator’s decision to award a contractor consequential damages on a construction lien claim warranted reversal even under the extremely narrow standard of review for arbitration awards. In reaching its decision, the court made the definitive ruling… Continue reading Michigan Court of Appeals: Construction Lien Can’t Exceed Contract Value
Month: October 2019
Policyholders—-What Are the Four Questions Every Insurance Adjuster Should Be Asked and Then Required To Answer?
Chip Merlin | Property Insurance Coverage Law Blog | October 2, 2019 Speaking at the IAUA Conference in San Antonio yesterday, I suggested that every insurance company should be demanding from their field adjusters and claims managers that they deal with their customers who ask these four questions: How much am I fully entitled to? When am… Continue reading Policyholders—-What Are the Four Questions Every Insurance Adjuster Should Be Asked and Then Required To Answer?
Should You Use Integrated Project Delivery on Your Next Construction Project?
R. Thomas Dunn | Pierce Atwood | August 21, 2019 Complex construction projects have many moving parts and numerous stakeholders. Each project often contains its own unique challenges and obstacles. Finding the right solution does not often come by trying to utilize a one-size-fits-all approach. Indeed, complex issues call at times for customized responses. Discerning… Continue reading Should You Use Integrated Project Delivery on Your Next Construction Project?
Don’t Waive Too Much In Your Mechanic’s Lien Waiver
Christopher G. Hill | Construction Law Musings | October 3, 2019 In the past few years, the Virginia General Assembly has, with certain caveats, precluded pre-furnishing waiver of mechanic’s lien rights. While this essentially outlawed the types of mechanic’s lien waiver clauses that pervaded construction contracts in Virginia, the key to the previous sentence is “pre-furnishing.”… Continue reading Don’t Waive Too Much In Your Mechanic’s Lien Waiver
The Murky Waters Between “Good Faith” and “Bad Faith”
Theresa A. Guertin | SDV Insights | August 1, 2019 In honor of Shark Week, that annual television-event where we eagerly flip on the Discovery Channel to get our fix of these magnificent (and terrifying!) creatures, I was inspired to write about the “predatory” practices we’ve encountered recently in our construction insurance practice. The more… Continue reading The Murky Waters Between “Good Faith” and “Bad Faith”