Tred R. Eyerly | Insurance Law Hawaii The federal district court determined that an appraisal can include causation issues when determining the amount of loss. B&D Inv. Grp., LLC v. Mid-Century Ins. Co., 2021 U.S. Dist. LEXIS 246853 (N.D. Ill. Dec. 28, 2021). B&D commercial building was damaged by hail. B&D submitted… Continue reading Appraisal May Include Cause of Loss Issues
Joseph A. Apatov, Stephanie Hand-Cannane, James W. Sandy, Chase Stoecker and Alyssa Weiss | McGlinchey Stafford Ohio Statute of Frauds Kopsky v. MURrubber Technologies, Inc., 9th Dist. Summit Nos. 29867, 29984, 2022-Ohio-511 In this appeal, the Ninth Appellate District affirmed the trial court’s decision, agreeing that the alleged agreement was barred by the Statute of… Continue reading Can I Enforce The Arbitration Clause In A Terminated Agreement?
Kevin N. Tharp | Riley Bennett Egloff Construction subcontractors assume a tremendous amount of risk with each subcontract that they sign with a prime contractor. While much of that risk cannot be avoided, there are some risks that subcontractors can reduce (if not eliminate) by avoiding the following mistakes prior to signing their subcontracts. 1.… Continue reading Five Mistakes Subcontractors Commonly Make Before Signing Construction Subcontracts
Christopher G. Hill | Construction Law Musings Recently, the Virginia General Assembly closed its session having passed legislation essentially banning “pay if paid” clauses in construction contracts, both public and private. Assuming that Governor Youngkin signs the bill into law on or before his deadline of April 11, 2022, the following new requirement will be grafted into… Continue reading Thoughts on New Pay if Paid Legislation
Seth Row | Miller Nash Construction contracts at all tiers usually include terms requiring certain types of insurance, and often contain related provisions about indemnity. This “boilerplate” can be important if a job goes south, so here’s a short explanation of some of the key terms and how they relate to one another: Builder’s risk… Continue reading Understanding Insurance Terms in Construction Contracts