Common Sense Prevails: State of Collapse Nonexistent Thirteen Years before Discovery of Decay

Craig Bennion | Property Insurance Law Observer | February 8, 2016 For years, property insurance policies that exclude rot damage have been called upon to cover rot because the policies extend coverage to “collapse”—an undefined term—caused by hidden decay, even if the structure remains standing and in use. The Homeowners Association of the Queen Anne… Continue reading Common Sense Prevails: State of Collapse Nonexistent Thirteen Years before Discovery of Decay

Is it the Dawning of the Age of Strict Products Liability for Contractors in California?

Garret Murai | California Construction Law Blog | February 9, 2016 It was the Age of Aquarius. And everything was changing. Politically, socially . . . andlegally. Through the 19th Century the doctrine of caveat emptor, literally “let the buyer beware,” was the rule of law. Under the doctrine a buyer was expected to protect… Continue reading Is it the Dawning of the Age of Strict Products Liability for Contractors in California?

Stop Notices and Mechanic’s Liens: Construction Lenders’ Nightmares

John L. Hosack, Esq. and Jason e. Goldstein, Esq. | Buchalter Nemer | February 2016 I. Introduction Historically low interest rates have led to the substantial growth in real estate lending, especially construction lending. Unfortunately, the lead article in the Business Section of the January 28, 2016, issue of the Los Angeles Time was “Fears… Continue reading Stop Notices and Mechanic’s Liens: Construction Lenders’ Nightmares

Experienced Experts – Confident Vs. Dogmatic

Annie Dike, Esq. | IMS ExpertServices® | February 2, 2016 Did anyone catch that NPR bit? Apparently, when you label someone an expert, you can make him behave close-mindedly. The theory is, the mere label itself bolsters the person and makes him more confident in his opinions but also more engrained, more dogmatic in his… Continue reading Experienced Experts – Confident Vs. Dogmatic

Reference to AAA Construction Industry Rules means that Parties Agreed to have Arbitrator Determine Arbitrability

Stan Martin | Commonsense Construction Law LLC | January 28, 2016 A Florida Court of Appeal has concluded that an arbitration clause incorporating the AAA Construction Industry Arbitration Rules means that the parties intended to submit issues of arbitrability to the arbitrator and not to the courts. The parties had used a standard AIA contract… Continue reading Reference to AAA Construction Industry Rules means that Parties Agreed to have Arbitrator Determine Arbitrability