B. Scott Douglass and Eric C. Tausend – December 6, 2011 The California Court of Appeal recently held that the recording of a lis pendens in connection with a mechanic’s lien foreclosure action is protected by the litigation privilege and cannot support a slander of title claim, even if the underlying lien claim lacked any… Continue reading Lien Away As It’s An Absolutely Protected Right In California – Real Estate & Construction
Sixth Circuit Upholds Dismissal of $125 Million Insurance Claim
John F. Fisher – December 1, 2011 On Monday, the Sixth Circuit affirmed the decision of the Northern District of Ohio in Bondex International, Inc. v. Hartford Accident and Indemnity Co.pdf, dismissing an insured’s claims for $125 million in additional coverage for asbestos claims. Plaintiffs/Appellants in the case, RPM Inc., Bondex International, Inc., and Republic… Continue reading Sixth Circuit Upholds Dismissal of $125 Million Insurance Claim
Fighting an Overstated Mechanic’s Lien: a Simpler Solution
Dana C. Tsubota – December 7, 2011 In a depressed economy wrought with defaulting developers, a lender in California facing a lien priority challenge should evaluate whether it would be worthwhile to secure a first priority position for its deed of trust through law and motion practice. California’s case law provides the legal authority that… Continue reading Fighting an Overstated Mechanic’s Lien: a Simpler Solution
Building Success Despite Failure
Samuel M. Starr and Kevin J. Walsh – December 5, 2011 In today’s economy, we continue to see bankruptcies occurring in the construction sector. An owner, contractor, or subcontractor in financial distress can easily delay a project — or worse, jeopardize the project in its entirety. Contractors need to understand their rights in order to… Continue reading Building Success Despite Failure
Expert Testimony by Engineer Needed to Prove Construction/Design Defect Claim, Utah Court of Appeals Rules
Carl G. Roberts and Matthew L. Moncur – December 5, 2011 The Utah Court of Appeals has ruled that expert testimony from a civil engineer was needed to establish two essential elements—breach of duty and causation—in a negligence case alleging an injury caused by a defect in design or construction. The November 25, 2011, decision… Continue reading Expert Testimony by Engineer Needed to Prove Construction/Design Defect Claim, Utah Court of Appeals Rules