John Mark Goodman and Jeffrey D. Dyess | BuildSmart The construction industry is full of valuable business information including customer lists, pricing information, project budgets, and more. The value of such information may be lost if it becomes known to a competitor or the public at large. That is why it is important to take… Continue reading Are You Protecting Your Construction Firm’s Trade Secrets?
Amandeep S. Kahlon and Carly Miller | BuildSmart In Mid-Century Insurance Co., v. HIVE Construction, Inc., a Colorado court of appeals recently reversed the decision of a lower court that had refused to apply the economic loss rule to a negligence claim alleging wanton or willful misconduct. The appellate court determined that, where the negligence claim… Continue reading Willful or Wanton Conduct Not Enough to Overcome Economic Loss Rule Says Colorado Court
Michael Delulis | Burns & Levinson Few terms make litigators shudder like the dreaded spoliation; and for good reason. The consequences of a company’s failure to preserve evidence that might be relevant in prospective litigation can be severe. What many non-litigators (including in-house counsel) may not realize, however, is that decisions made before litigation counsel is… Continue reading Are You Prepared to Avoid Spoliation? The Duty to Preserve Begins Sooner Than You Might Think.
Peter S. Selvin | Insights & Successes Conflicts between an insured and defense counsel appointed by the insurer often lead to disputes about whether the insured is entitled to counsel of its choosing. See Simonyan v. Nationwide Insurance of America, 78 Cal.App.5th 889, 2022 WL153894 (2022). More broadly, where a liability carrier has assumed its insured’s defense under… Continue reading Resolving Disputes Between Insurer and Insured in Liability Cases
Melissa Dewey Brumback | Construction Law in North Carolina Have you adapted your post-COVID practice to better plan for the “unexpected” ? In particular, have you looked at–and revised– your professional services contracts to give yourself a little more breathing room for unaccounted issues that may arise? If not, no time like the present. Don’t… Continue reading Expect the Unexpected (your design contracts in a post-COVID world)