Ashley L. Buck (Wilkinson) | Clark Hill In Pennsylvania, statutes of repose materialized in the 1960s in large part as a result of the construction industry’s concerns with respect to ongoing liability for latent defects. Pennsylvania’s Home Inspection Law provides that an action to recover monetary damages arising from a home inspection report must be… Continue reading Statutes Of Repose
Florida Appellate Court Confirms Insurer Cannot Waive Residency Requirement in Homeowners Policy
Stephanie Roman | Property Insurance Law Observer Florida’s Fourth District Court of Appeal recently clarified the enforceability of the “residence-premises” requirement in homeowners’ insurance policies. In Universal Property & Casualty Insurance Company v. Boniface Jean, the appellate court reversed a jury verdict in favor of the homeowner, holding that coverage cannot be created by waiver when… Continue reading Florida Appellate Court Confirms Insurer Cannot Waive Residency Requirement in Homeowners Policy
A Permissive Appraisal Provision Does Not Constitute a Condition Precedent
Scott Keffer | Zelle The U.S. District Court for the Northern District of Texas, Fort Worth Division, recently granted an insurer’s motion for summary judgment, rejecting the insured’s argument that the contractual limitations period (2 years + 1 day) contained in its policy was unlawful and that the policy’s appraisal provision constituted a condition precedent… Continue reading A Permissive Appraisal Provision Does Not Constitute a Condition Precedent
Is Your Private Project Ready For California’s New Change Order Law?
Benjamin J. Morris | Foley & Lardner The Clock is Ticking: SB 440 Takes Effect January 1, 2026 The new year brings a mandatory shakeup to California’s private construction industry. Effective January 1, 2026, Senate Bill 440 — the Private Works Change Order Fair Payment Act (“SB 440”) — will govern how contractors and owners… Continue reading Is Your Private Project Ready For California’s New Change Order Law?
AI Arbitrators Will Destroy the Legal Profession (And That’s a Good Thing)
Ryan McKeen | Best Era Last week, the American Arbitration Association announced something that should have every lawyer cheering: an AI-powered arbitrator for construction disputes that promises to cut costs by 35% and resolution time by 20%. Instead, the legal profession clutched its pearls. Critics warned of depersonalized justice, algorithmic bias, and the death of… Continue reading AI Arbitrators Will Destroy the Legal Profession (And That’s a Good Thing)