Ashley Eldridge | Avoiding Insurance Bad Faith A prompt response is critical when disaster strikes, but as the Fifth Circuit recently ruled, delays may be excusable in certain circumstances. In First United Pentecostal Church v. Church Mut. Ins. Co., No. 23-30779, 2024 WL 4511240 (5th Cir. Oct. 17, 2024), First United Pentecostal Church sued Church Mutual… Continue reading The Fine Line Between Delay and Bad Faith: Insights from the Fifth Circuit.
Category: Construction
Flushing Away Liability: What the Aqua Engineering Case Means for Contractors and Subcontractors
Heather Zipperer | Higgins, Hopkins, McLain & Roswell The recent Town of Mancos v. Aqua Engineering case is an insightful example of how well written contracts and timely legal action can make all the difference in resolving disputes between municipalities, general contractors, and subcontractors. The ruling favored Aqua Engineering; a subcontractor that played a role in a… Continue reading Flushing Away Liability: What the Aqua Engineering Case Means for Contractors and Subcontractors
More (and Simpler) Options Under New Oregon Retention Law
Michael Yelle | Ahlers, Cressman & Sleight Similar to the changes made by the Washington Legislature last year, the Oregon Legislature recently changed its retention law. Oregon public works agencies and large commercial project owners are now required to accept surety bonds in lieu of withholding retainage on construction projects. There is also no longer… Continue reading More (and Simpler) Options Under New Oregon Retention Law
Owners and Contractors are Liable for Injuries Caused by their Independent Contractors under the “Peculiar Risk Doctrine”
William L. Porter | Porter Law Group Many contractors and owners believe that if they hire an independent contractor to perform work and that independent contractor causes injury to others during the performance of that work, then it is the independent contractor alone who will be liable for those injuries. In most circumstances, this is… Continue reading Owners and Contractors are Liable for Injuries Caused by their Independent Contractors under the “Peculiar Risk Doctrine”
Mold/Apartment Complex Construction Project: Federal Court Addresses Insurance Coverage Dispute
Walter Wright, Jr. | Between the Lines Blog A United States District Court (C.D. California) (“Court”) addressed in a September 27th Order insurance coverage issues arising out of the construction of an apartment complex in California. See The Haven at Ventura, LLC vs. General Security Indemnity Company of Arizona, et al., 2024 WL 4343190. The issues… Continue reading Mold/Apartment Complex Construction Project: Federal Court Addresses Insurance Coverage Dispute