Dennis Anderson | Zelle As those familiar with property insurance appraisal know, the outcome is often determined by the third member of the appraisal panel—the umpire—whose role is to resolve issues the two appraisers cannot agree on. Yet many insurance policy appraisal provisions provide little to no framework for who the appraisers can select to… Continue reading “The Two Appraisers Will Select an Umpire” – Why A Competent and Impartial Umpire Is Crucial to the Appraisal Process
Month: July 2026
Moisture Mapping vs. Thermal Imaging vs. Hygrometers for Water Intrusion
Derrick A. Denis and Paul Anderson | J.S. Held Introduction: Protecting Buildings with the Right Moisture Detection Tools Water does not wait. A small leak behind a wall or above a ceiling can quietly soak insulation, drywall, and flooring. If it is not found and fixed quickly, that moisture can lead to mold, odors, staining,… Continue reading Moisture Mapping vs. Thermal Imaging vs. Hygrometers for Water Intrusion
Dispute Review Boards, Standing Construction Mediators, or Mandatory Mediation – What Is the Best Fit for Your Construction Project?
Joel Bertet | American Arbitration Association It’s a Tuesday morning. The hotel project is 20 months in. Drywall is up, the rough mechanical is signed off, and the finishes are starting to land on site. The tile sub gets the phone call he has been dreading. His supplier is on the other end. The price… Continue reading Dispute Review Boards, Standing Construction Mediators, or Mandatory Mediation – What Is the Best Fit for Your Construction Project?
Course of Construction Exclusions and the CGL Policy
Anna M. Perry, Rachel S. Kindseth and Nina Catazaro | Saxe Doernberger & Vita I. Course of Construction Exclusions Course of Construction (“COC”) exclusions are found on General Liability and excess liability policies, typically a wrap-up or project specific policy, and generally exclude “all property damage occurring during the course of construction.” Insurers claim COC… Continue reading Course of Construction Exclusions and the CGL Policy
Should Your Construction Agreement Include a Waiver of Consequential Damages?
Kenneth R. Crystal and Allen Major | Phillips Lytle Many form construction agreements include a mutual waiver where both the owner and contractor waive claims against each other for consequential damages. What are consequential damages? And should the owner, contractor and subcontractor agree to waive them? What are the implications of the waiver? What Are… Continue reading Should Your Construction Agreement Include a Waiver of Consequential Damages?