Madison E. Wahler | PropertyCasualtyFocus In Gates v. Homesite Insurance Co., the Washington Court of Appeals held that the plaintiff-insureds’ failure to provide 20 days’ notice of intent to sue its insurer, though required by statute, was a mere “procedural irregularity” insufficient to void the default judgments entered against the insurer. The court also noted that… Continue reading Washington Appellate Court Finds Insureds’ Failure to Provide Statutory Notice of Intent to Sue Did Not Void Default Judgments Against Insurer
Month: October 2023
Construction Law and Alternative Dispute Resolution: A Look at Current Trends
Jennifer Grippa, Barry Howard and Christopher Smith | Miles Mediation & Arbitration Construction law encompasses a vast area of state and federal laws, rules, and regulations. Construction lawsuits may include issues of commercial law, contract law, employment law, environmental law, personal injury claims, property law, and regulatory claims, among others, and often involve multiple parties… Continue reading Construction Law and Alternative Dispute Resolution: A Look at Current Trends
Construction Litigation Roundup: “Hold the Pickles, Hold the Lettuce?”
Daniel Lund III | Phelps Dunbar Hold the pickles, hold the lettuce? You can even hold the service… or at least proof of it! In a dispute over the construction of a Burger King restaurant in Tupelo, Mississippi, a state court suit by the owner against its general contractor and architect was removed to federal… Continue reading Construction Litigation Roundup: “Hold the Pickles, Hold the Lettuce?”
Court Rejects Contractor’s Claim That COVID-19 Rendered Performance Impossible
John Mark Goodman | BuildSmart A fundamental premise of contract law is that promises must be kept. If legally enforceable promises or “contracts” are not kept, courts may step in to enforce them by ordering performance, awarding damages, or granting some other form of relief. Over time, courts have developed exceptions to the general rule that… Continue reading Court Rejects Contractor’s Claim That COVID-19 Rendered Performance Impossible
OSHA Updates: New Submission Requirements for Injury and Illness Records
Ashley Meredith Strittmatter adn Chelsea N. Hayes | Construction Executive In a revival of an OSHA recordkeeping rule originally implemented under the Obama administration in 2016 and “rolled back” by the Trump administration in 2019, OSHA issued a final rule on July 21, 2023, requiring certain establishments in high-hazard industries to submit additional injury and… Continue reading OSHA Updates: New Submission Requirements for Injury and Illness Records