J. David Arkell and Benjamin M. Petre – February 14, 2013 Our topic for the month… Deciding whether to utilize a mandatory arbitration clause in a contract is important, especially in the construction industry. Advantages and disadvantages of litigation versus arbitration should be carefully weighed before entering into a contract or subcontract. Factors to consider:… Continue reading Arbitration vs. Litigation – 5 Issues to Consider
Category: Construction Law
Analysis of “Occurrence” in Defect Coverage Actions
Aaron Mandel and Stevi Raab – February 8, 2013 Through its recent opinion in Westfield Ins. Co. v. Custom Agri Systems, Inc., 2012 WL 4944305 (Ohio Oct. 16, 2012) (“Westfield”), the Ohio Supreme Court joined the majority of states in holding that faulty construction work does not qualify as an “occurrence” within the meaning of… Continue reading Analysis of “Occurrence” in Defect Coverage Actions
UNLV Study: Construction Defect Law May Stifle Economy
Michael Chamberlain – February 16, 2013 A study released by the UNLV Center for Business and Industry reveals that the state’s current construction defect law could be partly responsible for Nevada’s slow economic recovery. The study, The Nevada Housing Market: Prospects for Recovery, was distributed to legislators late last week. It claims that the sluggish recovery… Continue reading UNLV Study: Construction Defect Law May Stifle Economy
Bill Introduced to Alter State’s Construction Defect Law
The Record-Courier – February 18, 2013 A report released last week shows that construction defect claims per new home in Nevada is 38 times higher than the national average. There are 1.35 construction defect claims per closing, according to the study conducted by the University of Nevada, Las Vegas. Out of all the other states,… Continue reading Bill Introduced to Alter State’s Construction Defect Law
Construction Defect Litigation: The Defenses
Wally Zimolong – February 4, 2013 Last week, I gave an overview of the claims typically raised in a construction defect case. This week we look at the defenses that a defendant in a construction defect case can raise. Typically, there are three categories of defenses a defendant in a construction defect case may be… Continue reading Construction Defect Litigation: The Defenses