David A. Harris and Jesse M. Sullivan | Haight Brown & Bonesteel LLP | January 15, 2016 Retention clauses are almost always included in California construction contracts and permit an Owner to withhold a portion of what is owed to the General Contractor as security to ensure the proper completion of the work. General Contractors… Continue reading “My Bad, I Thought It Was in Good Faith” is Not Good Enough – Contractor Ordered to Pay Prompt Payment Penalties
Mediator’s Moment—Obstacles to Successful Mediation
C. Jean Stewart | Holland & Hart LLP | January 19, 2016 A successful mediation requires that the parties feel satisfied both with the process and with the outcome. Several obstacles can interfere with the parties reaching satisfaction on either or both standards. Counsel often contribute to this failure. Here are some tips on avoiding… Continue reading Mediator’s Moment—Obstacles to Successful Mediation
The Arbitrability Of Statutes Of Limitations In Reinsurance Disputes
Robert W. DiUbaldo and Jeanne M. Kohler | Carlton Fields | January 25, 2016 Whether a particular jurisdiction’s statute of limitations provides a reinsurer with a valid basis to deny payment of a cedent’s claim is sometimes a hotly-contested issue. Where a dispute is litigated in state or federal court, a reinsurer may argue that… Continue reading The Arbitrability Of Statutes Of Limitations In Reinsurance Disputes
Minnesota Supreme Court Concludes Accrual Date of Claim Was Before End of Construction
Conor Shankman | Bernstein Shur Sawyer & Nelson PA | December 29, 2015 Can a statute of limitations start to run in a construction case before substantial completion? In a case from late November, the Minnesota Supreme Court answered the question in the affirmative. For those who may not know, statutes of limitations are time… Continue reading Minnesota Supreme Court Concludes Accrual Date of Claim Was Before End of Construction
To Stay or Not to Stay … That Is the Question
Jeffrey Michael Cohen | Carlton Fields | December 23, 2015 In the insurance arena, courts are often confronted with simultaneous lawsuits involving the same, or almost the same, parties. In the “underlying case” a claimant seeks damages from an insured defendant. Simultaneously, the insured, the insurer, and often the damage case’s claimant, are litigating a… Continue reading To Stay or Not to Stay … That Is the Question