Gary Snodgrass | Miles Mediation & Arbitration Multiparty construction mediations are often complicated due to the number of liability, causation, and damages issues. Whether the mediation occurs prior to litigation or after litigation is initiated, there are several tasks the mediator, or neutral, must perform to help the parties reach resolution. As a mediator of… Continue reading Multi-Party Construction Mediations and How to Address Them
Smoke and Soot Constitute Direct Physical Loss
Tred R. Eyerly | Insurance Law Hawaii The federal district court found that smoke and soot contamination rendered the property unfit for normal use, meeting the standard for “direct physical loss” under the policy language for recovery of business income. Bottega, LLC, et al. v. National Surety Corporation-Chicago, Il, 2025 U.S. Dist. LEXIS 5666 (N.D. Cal. Jan.… Continue reading Smoke and Soot Constitute Direct Physical Loss
The Key Role of Certificates of Merit in Defending Professional Liability Claims against Architects and Engineers
Alan Taylor and Wesley Welmaker | Segal McCambridge 12 States Currently Require a Certificate of Merit to File a Professional Liability Lawsuit against an Architect or an Engineer. Currently, the following 12 states require a Plaintiff to file a Certificate of Merit prior to or with a lawsuit alleging professional negligence against architects, engineers, and… Continue reading The Key Role of Certificates of Merit in Defending Professional Liability Claims against Architects and Engineers
What Constitutes Bias in an Expert Witness?
Expert Evidence LTD Who does an expert witness owe a duty to? This is probably the most important aspect of an expert’s work. His duty is to the court and he has to maintain his independence at all times. This has been enshrined in the court rules in many parts of the world. Nothing is… Continue reading What Constitutes Bias in an Expert Witness?
Yet Another Reminder to ALWAYS Show Up for Court
Christopher G. Hill | Construction Law Musings If there’s one admonishment I’ve given a lot at this construction law blog, it is to be very careful with mechanic’s liens. This post is not about that. This post is about another major piece of advice that has been set out here at Construction Law Musings, namely, always show… Continue reading Yet Another Reminder to ALWAYS Show Up for Court