Gus Sara | White and Williams In Morningside Ministries v. Koontz McCombs Construction, Ltd., No. 08:23-00332-cv, 2025 Tex. App. Lexis 3584 (Morningside), the Court of Appeals of Texas (Court of Appeals) considered whether the plaintiff’s construction defect claims were “inherently undiscoverable,” thereby tolling the applicable limitations period under the discovery rule. The lower court granted the… Continue reading Out of Sight, Out of Mind: Texas Court Finds Construction Defect Claims Were Inherently Undiscoverable, Tolls Statute of Limitations
Oregon Supreme Court Expands Meaning of “Accident” in Insurance Policy
Blake Robinson | Davis Wright Tremaine Key Takeaways On February 15, 2023, the Oregon Court of Appeals issued a decision holding that a claim for breach of a settlement agreement did not trigger an insurance policy because a breach of contract was not an “accident” under the policy, even though the alleged breach was negligently… Continue reading Oregon Supreme Court Expands Meaning of “Accident” in Insurance Policy
Key Clauses in Construction Contracts: Practical Guidance for Project Success
Matthew Liben, Marianne Smith, Ariel Solose and Tom Wagner | Blake, Cassels & Graydon As the legal and commercial landscape around construction projects continues to evolve, so must the contracts that govern these projects. In recent years, courts and contracting parties have emphasized how agreements allocate risk and define procedural obligations. Careful drafting and informed… Continue reading Key Clauses in Construction Contracts: Practical Guidance for Project Success
Country of Origin Requirements in Government Contracts
G. Matthew Koehl and Gary J. Campbell | Practical Law The Journal An overview of the most significant country of origin (COO) requirements and penalties applicable to federal government contractors in the Buy American Act of 1933 (BAA) and the Trade Agreements Act of 1979 (TAA). Applying COO rules to federal government contracts can be… Continue reading Country of Origin Requirements in Government Contracts
Choose the Right Option: How Facilitative and Evaluative Approaches Can Both Have a Role in Mediation
Barry L. Howard | The Dispute Resolver There are various mediation styles or philosophies that parties to litigation encounter when mediating. Generally, they can be categorized as either facilitative or evaluative approaches. Some mediators feel that they should never “evaluate” a case, such as the mediator who says, “a mediator should never express a personal… Continue reading Choose the Right Option: How Facilitative and Evaluative Approaches Can Both Have a Role in Mediation