Be Careful What You Ask For: Tennessee Court of Appeals Upholds Arbitrator’s Attorneys’ Fee Award Based on AAA Construction Industry Rule 45 When Both Parties Requested an Award of Fees

Mark W. Frilot | The Dispute Resolver | January 15, 2015 In Lasco Inc. v. Inman Construction Corp., et al., 2015 WL 129024 (Tenn. App. 2015), the trial court had vacated an arbitrator’s award of attorneys’ fees in favor of the defendant general contractor and its surety, concluding that the award exceeded the arbitrator’s power. … Continue reading Be Careful What You Ask For: Tennessee Court of Appeals Upholds Arbitrator’s Attorneys’ Fee Award Based on AAA Construction Industry Rule 45 When Both Parties Requested an Award of Fees

Construction Litigation—Battles on Many Fronts

Craig Martin | Construction Contractor Advisor | April 27, 2015 When you are involved in construction litigation, you have battles on several fronts, including those against subcontractors, owners, insurers and the court.  Shoring up your defenses on each of these fronts is imperative, or you may lose the battle or, worse yet, the war. A recent… Continue reading Construction Litigation—Battles on Many Fronts

Construction Defect Reform Bill Defeated

Scott Shea | Sherman Howard | April 28, 2015 Senate Bill 15-177, a bill introduced to reform Colorado’s construction defect litigation process, was defeated in a House of Representatives Committee on April 28, 2015 without being presented for a full vote in the House. The State, Veterans and Military Affairs Committee voted 6-5 on party… Continue reading Construction Defect Reform Bill Defeated

Examination Under Oath is Not a Deposition

Jason Cieri |  Property Insurance Coverage Law Blog | April 23, 2015 There have been many posts on this blog regarding Examination Under Oath (EUO). Previous posts have dealt with who may sit for an EUO, how to handle an EUO, and what happens after an EUO. I would implore you to read through those… Continue reading Examination Under Oath is Not a Deposition

Expert Witnesses Should Never Take Their File To The Witness Stand

Wendy Rothstein | Fox Rothschild LLP | April 22, 2015 Today the Pa Superior Court affirmed a decision and verdict of the Northampton County Court of Common Pleas. Not a big deal. However in the decision there is mention of the fact that an expert witness brought his file to the witness stand and opposing… Continue reading Expert Witnesses Should Never Take Their File To The Witness Stand