Christopher G. Hill | Construction Law Musings This past General Assembly session, and after a governor’s amendment and with the convening of a study group, a new statute banning so-called “pay-if-paid” clauses from enforcement was passed. Some of the key features of the legislation are as follows: It does not take effect until January 1, 2023, and,… Continue reading Final Thoughts on New Pay If Paid Legislation in VA
Coverage for Named Windstorm Removed by Insured, Terminating Such Coverage
Tred R. Eyerly | Insurance Law Hawaii Over a series of policies, the insured had no coverage for named windstorms when it was removed from the policies in return for a reduced premium. Shiloh Christian Ctr. v. Aspen Sec. Ins. Co. 2022 U.S. Dist. LEXIS 100959 (M. D. Fla. May 9, 2022). … Continue reading Coverage for Named Windstorm Removed by Insured, Terminating Such Coverage
U.S. District Court of Colorado Interprets Insurance Policy’s Faulty Workmanship Exclusion and Exception for Ensuing Damage
Carin Ramirez | Colorado Construction Litigation Recently, the United States District Court for the District of Colorado interpreted a faulty workmanship exclusion in a property insurance policy in The Lodge at Mountain Village Owner Association v. Eighteen Certain Underwriters of Lloyd’s of London, 22 U.S Dist. Ct LEXIS 48883*, decided on March 18, 2022. The Court held… Continue reading U.S. District Court of Colorado Interprets Insurance Policy’s Faulty Workmanship Exclusion and Exception for Ensuing Damage
The Seventh Circuit Clarifies The Role Rejection Of Settlement Offers Plays In Determining Attorney Fee Awards
Lucas Kowalczyk | Proskauer Rose The Seventh Circuit recently clarified an important distinction between offers of judgment under Federal Rule of Civil Procedure 68 and non-Rule 68 offers of settlement, and explained the role rejection of such offers plays in reducing statutory attorney fee awards. Rule 68 was created to encourage settlements. It limits the… Continue reading The Seventh Circuit Clarifies The Role Rejection Of Settlement Offers Plays In Determining Attorney Fee Awards
Why Every Contractor Should Create a Qualifier Contingency Plan
Trent Cotney | Adams and Reese Obtaining a contractor’s license can be a complex, patience-testing process, which is why so many large construction companies are utilizing several qualifiers to maintain licensure across multi-state territories. There’s no law demanding that contractors only work in their home state, which is why industry leaders can be found working… Continue reading Why Every Contractor Should Create a Qualifier Contingency Plan