Glenn West | Weil, Gotshal & Manges Despite the proliferation of R&W insurance as the sole recourse for buyers with respect to sellers’ breach of representations and warranties, an indemnification remedy against sellers (subject to a cap) continues to find its way into many private company acquisition agreements. Indemnification, as a concept, originated in the… Continue reading Indemnify is a Funny Word Carrying Historical Baggage—Be Aware and Use with Care
Elizabeth J. Boddy | Taft Stettinius & Hollister Owners of property encumbered by a mechanics lien often find themselves in violation of loan covenants and under pressure from their lenders. Liens are also a significant hindrance to the sale of the property to an otherwise willing buyer. How best to deal with a mechanics lien… Continue reading A Practical Approach to Resolving Mechanics Liens in Illinois: Just Deal With It.
Christopher G. Hill | Construction Law Musings I know, you’ve heard this over and over again here at Construction Law Musings: courts in Virginia will interpret a contract strictly and in a manner that gives meaning to its unambiguous terms. A recent case out of the Eastern District of Virginia federal court, White Oak Power Constructors v. Mitsubishi Hitachi… Continue reading Once Again: Contract Terms Matter
Roben West | Property Casualty Focus One decision that flew under the radar in 2019 continues the recent trend of courts to dispense, under among other things the previously discussed “at-issue” waiver doctrine, with insurers’ fundamental rights to confidentiality with respect to legal advice. In the June 2019 decision In re Mt. Hawley Insurance Co., No. 2018-001170 (S.C.… Continue reading South Carolina Supreme Court’s Quiet Erosion of Insurers’ Attorney-Client Privilege Rights
Christine Fan and Ted Gropman | Pepper Hamilton Construction contracts often include a “no damage for delay” clause that denies a contractor the right to recover delay-related costs and limits the contractor’s remedy to an extension of time for noncontractor-caused delays to a project’s completion date. Depending on the nature of the delay and the… Continue reading Does a No-Damage-for-Delay Clause Also Preclude Acceleration Damages?