John Mark Goodman and Amandeep S. Kahlon | BuildSmart “Manifest disregard of the law” is no longer a valid basis to challenge arbitration awards, at least not in the federal courts of Texas, Mississippi and Louisiana. Rather, according to the Fifth Circuit’s decision in U.S. Trinity Energy Services v. Southwest Directional Drilling, 2025 WL 1218096 (Apr.… Continue reading Manifest Disregard Discarded: Fifth Circuit Limits Grounds to Vacate Arbitration Awards
Month: May 2025
Court Weighs in on Determining “Period of Restoration”
Paul Ferland, Joshua Tumen and Tracey Jordan | Property Insurance Law Observer In Comprehensive Medical Center, Inc. v. State Farm Mutual Automobile Insurance Company, 2025 WL 416814 (9th Cir. 2025), the Ninth Circuit Court of Appeals affirmed the district court’s determination that the period of restoration tied to water damage at the insured’s commercial property was… Continue reading Court Weighs in on Determining “Period of Restoration”
Weathering the Storm—Part 1: Understanding Liquidated and Consequential Damages in Construction Contracts
Patrick Kelly and Kendall Hudgins | Gray Reed When project delays occur due to natural disasters, the financial implications can be severe. Construction stakeholders often focus on immediate physical damages while overlooking the potentially devastating impact of liquidated and consequential damages provisions. Understanding these crucial contract elements before disaster strikes can mean the difference between… Continue reading Weathering the Storm—Part 1: Understanding Liquidated and Consequential Damages in Construction Contracts
Weathering the Storm – Part 3: Force Majeure in Construction Contracts
Jackson Moore and J.P. Vogel | Gray Reed Unexpected devastating weather events such as hurricanes, tornados, earthquakes, fires and other natural disasters can strike at any time, leaving construction projects in disarray. While Mother Nature is often unpredictable, we can control how we prepare for and respond to such events through the careful drafting or… Continue reading Weathering the Storm – Part 3: Force Majeure in Construction Contracts
No Coverage for Faulty Installation of Windows
Tred R. Eyerly | Insurance Law Hawaii The federal district court granted summary judgment to the insurer, agreeing there was no “occurrence” nor “property damage” resulting from the faulty installation of windows. Employers Mut. Casualty Co. v. Knipp Equipment Inc., 2025 U.S. Dis. 24400 (D. Kan. Feb. 11, 2025). Edwards County and… Continue reading No Coverage for Faulty Installation of Windows