Arizona Supreme Court Rules for Lenders in Mechanic’s Lien Priority Dispute

Edward A. Salanga – Quarles & Brady LLP – September 3, 2014 In The Weitz Company LLC v. Heth, No. CV-13-0378-PR (Ariz. Sup. Ct., Aug. 26, 2014), the Arizona Supreme Court reversed the Court of Appeals, holding that lenders can once again rely upon the doctrine of equitable subrogation in mechanic’s lien priority disputes with contractors.… Continue reading Arizona Supreme Court Rules for Lenders in Mechanic’s Lien Priority Dispute

Predictive Coding and Litigating Force Majeure Clauses in Construction Contracts

Drew Lewis, Esq. – Recommind – August 29, 2014 Construction lawyers understand the importance of a comprehensive force majeure clause.  But in an increasingly tumultuous world where extraordinary events are difficult to predict, where can litigators find the evidence to support (or refute) claims of impossibility or impracticability?  Increasingly, the answer is in their client’s… Continue reading Predictive Coding and Litigating Force Majeure Clauses in Construction Contracts

In Florida, an Appraisal Award May Be a Final Determination of Liability For a Bad Faith Case

Shaun Marker – August 30, 2014 On several occasions the following insurance industry argument has been addressed on this blog: the insurance company argues that since a claim proceeded to the contractual alternative dispute resolution process of appraisal and that it paid the award amount, there cannot be a bad faith case brought against it… Continue reading In Florida, an Appraisal Award May Be a Final Determination of Liability For a Bad Faith Case

Business Risk Exclusions Bar Coverage for Construction Defect Claims

Tred Eyerly – August 25, 2014 The homeowners’ assigned claims against the general contractor’s insurer were barred by business risk exclusions in the CGL policies. W. Heritage Ins. Co. v. Cannon, 2014 U.S. Dist. LEXIS 101382 (E.D. Wash. July 24, 2014). The Cannons contracted with Cook Custom Homes to build their home. Cook never hired a… Continue reading Business Risk Exclusions Bar Coverage for Construction Defect Claims