Colm Nelson | Stoel Rives Material price escalations and supply chain disruptions are hot topics in the industry, with many clients inquiring about their rights and how these risks should be shared. Some have even questioned whether their projects should proceed given the volatility in the market. For instance, I saw at least one project’s… Continue reading A Key Battleground: Material Price Escalations and Supply Chain Disruptions
Month: July 2021
Senate Bill 49 Establishes Lien Rights for Registered Design Professionals
Rick W. Grady and Allen L Rutz | Vorys Sater Seymour & Pease On July 1, 2021, Governor DeWine signed Senate Bill 49 giving lien rights to Ohio architects, landscape architects, professional engineers, and professional surveyors (design professionals) beginning September 30, 2021. The lien rights are limited to: Commercial real estate projects, With a written… Continue reading Senate Bill 49 Establishes Lien Rights for Registered Design Professionals
Wind Before Storm May Blow Away Flood Exclusions
Elliot Karzner and Alycan A. Moss | Property Insurance Law Observer Flood exclusions may not apply when floods are preceded by winds strong enough to independently cause the loss, according to a recent decision issued by the Western District of Louisiana. In Doxey v. Aegis Security Ins. Co., No. 2:21-CV-00825, 2021 WL 2383834 (W.D. La.… Continue reading Wind Before Storm May Blow Away Flood Exclusions
Colorado Supreme Court Holds Insurers Are Not Entitled to Intervene Where Insured Assigns Its Rights to Third Party
Luke Mecklenburg and Anna Adams | Snell & Wilmer In a 4-3 decision in Auto-Owners Insurance Co. v. Bolt Factory Loft Owners Association, Inc., the Colorado Supreme Court held that an insurer who is defending under a reservation of rights is not entitled to intervene where the insured has entered into a Nunn-type Agreement to assign… Continue reading Colorado Supreme Court Holds Insurers Are Not Entitled to Intervene Where Insured Assigns Its Rights to Third Party
Number of “Occurrences” for Determining Policy Limits in California Construction Defect Cases
Kelly Smith | Snell & Wilmer Insurance policies generally have different policy limits depending on the number of “occurrences.” For example, the amount of money recoverable under an insurance policy may be $5 million per occurrence with a $20 million aggregate limit. Therefore, when determining policy limits, deductible liability or considering settlement in a construction… Continue reading Number of “Occurrences” for Determining Policy Limits in California Construction Defect Cases