Elizabeth Doyle | Zelle The January 2025 Southern California wildfires destroyed more than 18,000 structures, burned nearly 50,000 acres, and caused the evacuation of more than 200,000 people. One year later, thousands of residents of Altadena and Pacific Palisades whose homes did not burn have nevertheless not returned because they claim their homes are uninhabitable… Continue reading Where There’s Smoke, There’s…Direct Physical Loss?
Shot Clock Violation: Judge Tosses Untimely Construction Defect Claims
John Mark Goodman | BuildSmart In basketball there is a shot clock. Once a team has the ball, it must shoot within 30 seconds. We’re obviously talking about college basketball since its March, but the NBA has a similar 24-second shot clock. Failure to shoot within the required time automatically gives the ball back to the other… Continue reading Shot Clock Violation: Judge Tosses Untimely Construction Defect Claims
Mediation After 20 Years on the Chancery Bench: Resolving Complex Business Disputes
Hon. Carol McCoy | Miles Mediation & Arbitration For 20 years, I ruled on a number of complex business disputes. As chancellor, I followed my personal philosophy that time is valuable, and disputes did not get better by letting time drag on. I attempted to keep the lawyers focused on a trial date, ruling on motions in a timely manner, and gaining an understanding of… Continue reading Mediation After 20 Years on the Chancery Bench: Resolving Complex Business Disputes
Top 10 Killer Construction Contract Clauses, Part 1: No Damages for Delay
Jessica duHoffmann and Jonathan Neri | PilieroMazza Those familiar with the construction industry know that construction projects are seldom, if ever, completed within the time originally anticipated at the project’s outset. Fortunately, prime contractors and lower-tier subcontractors are often permitted to seek additional costs stemming from owner-caused delays—commonly referred to as compensable delays. However, the presence… Continue reading Top 10 Killer Construction Contract Clauses, Part 1: No Damages for Delay
Top 10 Killer Construction Contract Clauses, Part 2: Pay-If-Paid and Pay-When-Paid
Jessica duHoffmann and Jonathan Neri | PilieroMazza In the world of construction, it is essential for both prime contractors and lower-tier subcontractors to carefully manage financial risk when negotiating subcontract agreements. While a party’s ability to distinguish and understand pay-if-paid and pay-when-paid clauses—a critical first step in identifying financial risk—the analysis should not stop there. To protect the rights of… Continue reading Top 10 Killer Construction Contract Clauses, Part 2: Pay-If-Paid and Pay-When-Paid