Alan S. Bishop – September 20, 2013 An architect specified as Initial Decision Maker (“IDM”) in an AIA contract wears many hats: independent design professional, owner’s agent on the construction site, and impartial decider of disputes. But is the architect also the judge and jury? The decision in Neighbors Construction Co., Inc. v. Woodland Park at Soldier… Continue reading Architect’s “Final” Decision May Not Be Final
The Nuts and Bolts of the Texas Statute of Limitations on Insurance Claims
Nyanza Moore – September 24, 2013 There are few things more worrisome then running out of time to sue. So, I’ve come up with a short form for determining if you still have time or if the clock has already run out on your rights. There are a few rules to think about when filing… Continue reading The Nuts and Bolts of the Texas Statute of Limitations on Insurance Claims
Construction Accidents: More than Workers Comp
Michael Barasch – September 24, 2013 Trapped over three hours in mud the consistency of quicksand, a New York construction worker had begun to lose feeling in his legs after falling 15 feet into a trench. The mud, intensified by falling rain in June of this year, worsened the emergency on a worksite that was… Continue reading Construction Accidents: More than Workers Comp
SB800 Is Now Optional to the Homeowner?
James Ganion – August 30, 2013 Dear Builders, Colleagues, and Interested Parties: I attach for your review a copy of this week’s opinion of the California Court of Appeal in our case of Liberty Mutual v. Brookfield. This opinion represents a significant change to the right of California builders to repair homes under SB800, California’s… Continue reading SB800 Is Now Optional to the Homeowner?
California Supreme Court Holds Insurers are Subject to Unfair Competition Claims in Zhang Case
James M. Burns – September 10,2013 On August 1, the California Supreme Court issued its highly-anticipated decision in Zhang v. Superior Court, holding that the California Unfair Insurance Practices Act (Ins. Code §790 et seq.) does not necessarily preempt an action against an insurer under the California Unfair Competition Law (Bus. & Prof. Code §17200… Continue reading California Supreme Court Holds Insurers are Subject to Unfair Competition Claims in Zhang Case