Tony Byler and Daniel E. Fierstein | Construction Law Signal | January 14, 2016 Arbitration has become a very common and effective way to resolve construction disputes in lieu of traditional litigation, and it is easy to understand why: The parties can select arbitrators with construction expertise who speak their language and are more likely… Continue reading To Be or Not to Be in Arbitration? That is the Question
Indemnity, Duty to Defend, and Timing
Stan Martin | Commonsense Construction Law LLC | January 20, 2016 The concept of indemnity gets a lot of press. With good reason, since an indemnity is one tool in the risk management shed. As a recent court decision shows, however, a duty to defend is different than an indemnity. And a party who seeks… Continue reading Indemnity, Duty to Defend, and Timing
Tips on Pursuing and Defending Complaints Against Contractors
Rick Erickson | Snell & Wilmer | January 18, 2016 The often staggering cost of litigation has prompted an equally staggering amount of regulatory complaints against contractors in recent years. Why? Because filing a complaint against a contractor may not cost a complainant anything but time. And any litigation expenses are mostly borne by the contractor/respondent, who… Continue reading Tips on Pursuing and Defending Complaints Against Contractors
Contractor Stumbles over Contract’s Claim Procedures
Robert J. Huber | Stinson Leonard Street LLP | January 19, 2016 Contractors have once again been reminded of the harsh consequences of failing to follow the claim procedures specified in their contracts. In Contractors Edge, Inc. v. City of Mankato, the Minnesota Court of Appeals rejected a contractor’s claim for extra compensation because, despite providing… Continue reading Contractor Stumbles over Contract’s Claim Procedures
When Product Liability Meets the Uniform Commercial Code
Tori S. Levine | Wilson Elser | January 19, 2016 Clients who are first introduced to the concept of strict liability in the context of a product liability lawsuit are often shocked to learn they can be held liable for a product defect simply because they sold the defective product. The first question we always… Continue reading When Product Liability Meets the Uniform Commercial Code