Maggie Tamburro – January 29, 2013 Think successfully excluding your opposing party’s expert on a Daubert challenge equals a slam dunk on summary judgment and dismissal of the opposing party’s case? Not so fast. While many have concluded that prevailing on a Daubert challenge is the equivalent of summary judgment, a recent case demonstrates, as with most things in… Continue reading Expert Witness Exclusion – Lay Witness to the Rescue
Construction Claims: Trust Funds can go Poof
Vicki R. Harding – January 24, 2013 A typical trust fund statute provides that payments to a construction contractor are treated as funds held in trust until its subcontractors and suppliers have been paid. In the case of a contractor bankruptcy this can be a significant benefit, since the subcontractors and suppliers can argue that… Continue reading Construction Claims: Trust Funds can go Poof
4 Ways to Avoid the Rule 26 Trap
Donald Rupert – January 8, 2013 Litigating in federal courts requires adherence to the Federal Rules of Civil Procedure. One noteworthy rule is Rule 26 (a)(1), which provides for an initial disclosure of, among other things, the identity of individuals likely to have discoverable information. However, a failure to meet the obligations of that rule… Continue reading 4 Ways to Avoid the Rule 26 Trap
The Gamesmanship Of The Property Insurance Claims Process…Yes You Have To Show The Insurer The Damaged Property, But You Also Have To Repair It Promptly
Shaun Marker – January 14, 2013 Insurance policies have certain provisions that must be complied with in a property insurance claim. These are called duties after loss, and if reasonably requested by the insurer, they must be complied with. Recently, an insurer in New York became involved in litigation over whether the policyholder had shown… Continue reading The Gamesmanship Of The Property Insurance Claims Process…Yes You Have To Show The Insurer The Damaged Property, But You Also Have To Repair It Promptly
Even after Work is Completed and Accepted by the Project Owner, Contractors have an Ongoing Duty to Maintain Construction Site Conditions
Jonathan M. Allen – January 17, 2013 On November 21, 2012, the Colorado Court of Appeals issued a decision with potentially far-reaching implications. In Collard v. Vista Paving Corp., 2012 COA 208 (2012), the court concluded that contractors have a duty to warn of potential dangers at a construction site resulting from their work after… Continue reading Even after Work is Completed and Accepted by the Project Owner, Contractors have an Ongoing Duty to Maintain Construction Site Conditions