John Mark Goodman | BuildSmart The words breach and default are often used interchangeably to indicate that somebody hasn’t done what they were legally required to do. According to Black’s Law Dictionary, the words do appear somewhat interchangeable. Black’s defines breach as “a violation or infraction of a law, obligation, or agreement, especially of an official duty or a legal obligation.” … Continue reading Breach vs. Default — What’s the difference?
Month: February 2024
Expert Witnesses 101
Ethan Minkin | Harris Sliwioski As most litigators would tell a client, choosing the right expert in litigation can be the difference between winning and losing. I have litigated many cases and I have seen first-hand how picking the right or wrong expert can have an incredible impact on the outcome of the case. Litigators… Continue reading Expert Witnesses 101
A Few Days Late, and Many Dollars Short: Utah Court Of Appeals Reminds That Statutory Deadlines Matter, and Provides Clarity On What Is Lienable Work In Utah
Mark Morris and Tyson Prisbrey | Snell & Wilmer Utah’s lien statute is intricate, unique, and oft amended by the legislature. And how Utah courts have interpreted the definitions and deadlines in the lien statute are frequent subjects of trial court best efforts and, inevitably, appellate opinions. Staying current on the lien statute and the… Continue reading A Few Days Late, and Many Dollars Short: Utah Court Of Appeals Reminds That Statutory Deadlines Matter, and Provides Clarity On What Is Lienable Work In Utah
Viewpoint: The Difference Between Statutes of Limitations and Statutes of Repose
Gary L. Wickert | Claims Journal Subrogation professionals, like lawyers, must be constantly vigilant for deadlines, statutes of limitations, statutes of repose, and notice timelines set forth by the laws of the 50 states. Likewise, it is important to know and understand the differences between statutes of limitations and statutes of repose. They are both… Continue reading Viewpoint: The Difference Between Statutes of Limitations and Statutes of Repose
Waiving Consequential Damages—What Could Go Wrong?
Kellie Ros and Curt Martin | ConsensusDocs You are inexcusably late with construction of a football stadium, a casino, or similar project that generates large income for the owner. The indirect damages, often referred to as consequential damages, that flow from the delay can be astronomical to the point of breaking your company if it… Continue reading Waiving Consequential Damages—What Could Go Wrong?