Damián Vallejo and Marta González-Ruano | Global Arbitration Review Introduction Document disclosure is an area in which the divide between the civil law and common law systems is particularly pronounced. Although both systems share the principle of affirmanti incumbit probatio, common law jurisdictions enable parties in a dispute to have access to factual elements in possession… Continue reading Perspectives on Document Disclosure
Month: September 2025
When Actions (May) Speak Louder Than Words: Inadvertently Altering or Waiving Contract Terms Through Course of Performance
Jordan Heath | ConsensusDocs This article discusses instances where parties’ actions during the life of a contract can influence a court’s future interpretation of the contract’s terms, or, in some cases, even waive a contract term. While this article doesn’t examine every situation where this might occur, it highlights two different situations that general contractors… Continue reading When Actions (May) Speak Louder Than Words: Inadvertently Altering or Waiving Contract Terms Through Course of Performance
How Construction Defect Claims in Florida Expand Beyond Pre-Suit Notices
Claims Pages Florida’s Chapter 558 statute was designed to streamline construction-defect disputes and reduce litigation by requiring property owners to notify contractors of alleged defects before filing a lawsuit. This notice must reference the statute and describe the defects with enough detail to inform the contractor of the general nature of the issue. In theory,… Continue reading How Construction Defect Claims in Florida Expand Beyond Pre-Suit Notices
California’s Ambitious New Bill Overhauls the State’s Approach to Wildfires
Willis Hon and Bradford B. Kuhn | Nossaman In the wake of the January 2025 wildfires that devastated Southern California, the State adopted Assembly Bill 254 (2025, Becker) aimed primarily at expanding the existing Wildfire Fund meant to facilitate payments for eligible claims related to wildfires caused by electric utility infrastructure. This expansive bill—introduced in the waning… Continue reading California’s Ambitious New Bill Overhauls the State’s Approach to Wildfires
Anti-Concurrent Causation Clause Defeats Coverage
Tred R. Eyerly | Insurance Law Hawaii The insured’s claim for damage to the property’s electrical equipment and power loss after a wind and rain storm was not covered due to the policy’s anti-concurrent causation clause. Allah-Pak Properties, LLC v. Century Surety Co., No. 2:23-CV-00301, Order (S.D. Texas Aug. 8, 2025). During… Continue reading Anti-Concurrent Causation Clause Defeats Coverage