David J. Dirisamer | Barnes & Thornburg LLP | December 15, 2014 In Boone Coleman Construction, Inc. v. Village of Piketon, 2014-Ohio-2377, an Ohio appellate court held that a liquidated damages provision totaling almost one-third of the contract price was unenforceable against a general contractor. At the same time, the court affirmed summary judgment on the… Continue reading Ohio Appellate Court Enforces Notice Provision and Denies Contractor Delay Damages
Developing Issues in Utah Construction Defect Litigation
Top 3 Construction Law Developments of 2014
Don Gregory | Kegler Brown Hill & Ritter | December 16, 2014 There were a number of significant legal developments impacting the construction industry over the past year. Here are my top three: 1. Ohio Supreme Court Enforces “Pay-if-Paid” Clause The Ohio Supreme Court in Transtar Electric, Inc. v. A.E.M. Electric Services Corp., Slip Opinion… Continue reading Top 3 Construction Law Developments of 2014
Arbitrator Should Decide Whether Dispute Falls Within The Scope Of The Arbitration Clause
Addressing who should decide whether a dispute falls within the scope of an arbitration clause, the U.S. Court of Appeals for the 11th Circuit reversed a district court’s denial of a motion to compel arbitration and remanded the case for an order compelling arbitration. U.S. Nutraceuticals, LLC v. Cyanotech Corp., No. 13-12863, 2014 WL 5471913… Continue reading Arbitrator Should Decide Whether Dispute Falls Within The Scope Of The Arbitration Clause
“Specified Cause of Loss” in Colorado Can Determine Whether There is Coverage
Brandee Bower | Property Insurance Coverage Law Blog | December 10, 2014 I recently came across a case in Colorado involving a suit filed by a business owner against the insurance company for damage to his building when an underground water main leak caused settling.1 The facts are: The plaintiff owned a building where he operated… Continue reading “Specified Cause of Loss” in Colorado Can Determine Whether There is Coverage