Jason Cieri | Property Insurance Coverage Law Blog | February 9, 2016 A recent decision by a Massachusetts District Court addressed an important issue: When is a witness not entitled to expert fees at deposition?1 Ingrid Kiley owned a home in Brookfield, Massachusetts. During the winter of 2013-2014, the pipes in the dwelling burst causing… Continue reading Do I Have to Pay My Adversary’s Experts to Depose Them?
Making the Best of a Bad Situation: Where and How Contractors Can Find Insurance Coverage for Civil Violations of the False Claims Act
Ronald G. Robey and Scott C. Turner | Smith Currie & Hancock | February 4, 2016 A. Introduction The False Claims Act (FCA) makes it unlawful to present a “false or fraudulent” claim for government reimbursement. A claim can be “factually” false because, for example, a contractor did not… Continue reading Making the Best of a Bad Situation: Where and How Contractors Can Find Insurance Coverage for Civil Violations of the False Claims Act
Oral Waiver Insufficient to Defeat Contractor’s Liability for Building Code Violation
Daniel Sonneborn | PretiFlaherty | February 5, 2016 The Massachusetts Appeals Court, in Downey, et al. v. Chutehall Construction Co., Ltd., 88 Mass. App. Ct. 795 (January 6, 2016), recently held that an oral waiver of compliance with the building code by a homeowner does not preclude the contractor’s liability for the violation, particularly where… Continue reading Oral Waiver Insufficient to Defeat Contractor’s Liability for Building Code Violation
Failure to Follow Claims Procedure was an Irrevocable Waiver of the Claim
Stan Martin | Commonsense Construction Law LLC | February 3, 2016 Consider this sentence: “courts cannot decide cases of contract interpretation on the basis of what is just or equitable.” Contractors are reminded, via an Ohio Court of Appeals decision, that claim deadlines and waiver language will be applied when the contractor is late in… Continue reading Failure to Follow Claims Procedure was an Irrevocable Waiver of the Claim
Too Little, Too Late: The Harsh Bright Line of Suit Limitation Provisions
Zachary D. Ludens | PropertyCasualtyFocus | February 5, 2016 Approximately twenty percent of Americans have been classified as chronic procrastinators, which means one in five policyholders faces a potential problem when suing for coverage. While the statute of limitations for breach of contract varies by state, it is typically three years or more. However, insurance policies… Continue reading Too Little, Too Late: The Harsh Bright Line of Suit Limitation Provisions