Advise & Consult, Inc. Typically, when we are hired as a construction expert witness, we are given some preliminary documents and plan on a site visit. We are then able to “witness” many of the damaged properties (if the damage has not already been repaired) and start gathering data on what caused the damage, who… Continue reading Being an Expert Witness with “Nothing” to Witness
Month: July 2020
Fraudulently Filing Lien Backfires on Contractor
J. David Pugh and Amandeep S. Kahlon | Buildsmart Liens represent one of the primary mechanisms by which contractors, subcontractors, and other downstream parties secure payment rights under a construction contract. When utilized properly, filing a lien may induce an owner to release funds that are undisputedly owed to the lienor. However, when a party’s… Continue reading Fraudulently Filing Lien Backfires on Contractor
Clarifying the Standard for Severance Damages for Condemned Property in Utah
Mark Morris and Tyson Prisbrey | Snell & Wilmer In UDOT v. Target Corp. et al., 2020 UT 10, the Utah Supreme Court recently clarified the standard by which a property owner is entitled to severance damages in connection with condemnation under Utah Code Ann. § 78B-6-511(1)(b). The case arose from a UDOT highway construction project… Continue reading Clarifying the Standard for Severance Damages for Condemned Property in Utah
Separation of Insured Clause Strikes Again to Deny Coverage
Stanley A. Martin | Commonsense Construction Law A very recent blog discussed the effect of a separation of insured clause, on the scope of general liability coverage for an additional insured, when a personal injury claim is pursued by an injured worker. A federal court judge has just reached the same conclusion in another case. Here, a… Continue reading Separation of Insured Clause Strikes Again to Deny Coverage
Exceptions to the Enforceability of Limitation of Liability Clauses
Patrick Tighe | Snell & Wilmer A common feature of some contracts, including construction and design contracts, is a limitation of liability clause that limits or “caps” the amount of potential damages a party faces in the event of a breach. Although Arizona courts will generally enforce limitation of liability clauses, there are at least… Continue reading Exceptions to the Enforceability of Limitation of Liability Clauses