Alexander Gebert | Fremman Mathis & Gary Nearly all risk managers, insurance carriers, brokers, and attorneys alike can remember getting the dreaded call that major property damage has been discovered or reported. Their first thought may be, “here we go again.” When an owner or other party first reports water intrusion, cracking, movement, or some… Continue reading First 30 Days of a Construction Defect: Five Key Make-or-Break Decisions
Ten Strategies for Deposition Success
Esquire Deposition Solutions Who doesn’t love a list article? Who can fail to appreciate a lifetime’s wisdom, curated and arranged on the page in (usually) 10 bite-sized, bullet-pointed nuggets? Who couldn’t use a breezy reminder on matters that must be minded? No one, that’s who. And while you might want help re-entering the working world… Continue reading Ten Strategies for Deposition Success
The Whys and Hows of a Mediator’s Proposal
Robert J. Jossen | FebArb It is a common refrain in mediations, “how about making a mediator’s proposal?” The answer frequently is “not yet” or “that’s not what I want to do.” What are the details behind the concept of a “mediator’s proposal” and when is it appropriate to be offered by the mediator and… Continue reading The Whys and Hows of a Mediator’s Proposal
Not So Cleaver: Why Merely Referencing a Proposal May Not Incorporate Its Terms
W. Hunter Webb and John Mark Goodman | BuildSmart In construction contracts, proposals, drawings, studies, etc. are often incorporated by reference. A Nebraska federal court recently addressed what language is sufficient to accomplish such incorporation. In Cleaver Brooks Co. v. B&K Mechanical Contractors, LLC, No. 4:23-CV-3243, 2026 WL 2254434 (D. Neb. Aug. 5, 2026), the court… Continue reading Not So Cleaver: Why Merely Referencing a Proposal May Not Incorporate Its Terms
When the Ground Gives Way, So Does Coverage: New York Applies Earth Movement Exclusion to Adjacent Construction
Tracey Jordan and Joshua Tumen | Cozen O’Connor Major construction on a crowded urban lot almost inevitably causes issues with adjoining property owners. A recent New York decision confirms that when the earth moves, earth movement exclusions may preclude coverage. In Gogam v. Admiral Indemnity Co., 2026 WL 2595045 (N.Y. Sup. Ct. Aug. 21, 2026), the… Continue reading When the Ground Gives Way, So Does Coverage: New York Applies Earth Movement Exclusion to Adjacent Construction