Nabila Rahim | Zelle With its March 25 decision in Schoening Investment LP v. Cincinnati Casualty Co., the U.S. Court of Appeals for the Sixth Circuit recently joined a growing list of courts that have considered whether to depreciate labor costs to determine actual cash value.[1] The court relied on essential contract interpretation principles to evaluate… Continue reading 6th Circ. Ruling Highlights Split On Labor Cost Depreciation
Tag: Advise & Consult
Contract’s Silence on the Southwest Bank Sinks Differing Site Condition Claim
Lee-Ann C. Brown and John Mark Goodman | BuildSmart The U.S. Court of Appeals for the Federal Circuit recently affirmed a decision of the Armed Services Board of Contract Appeals (ASBCA) denying a contractor’s differing site condition claim on a flood control project along the Trapp Canal in Jefferson Parish, Louisiana. Hamp’s Construction LLC v. Secretary… Continue reading Contract’s Silence on the Southwest Bank Sinks Differing Site Condition Claim
Setting the Stage for Successful Mediation: What to Tell Your Mediator Before the Session
Hon. Natasha L. Abel | JAMS The most successful mediations start with honest, thoughtful and concise communication with the mediator before the formal mediation session has started. Sometimes this is in writing in the form of a confidential mediation statement; other times this may be part of a confidential pre-mediation conference call with the mediator.… Continue reading Setting the Stage for Successful Mediation: What to Tell Your Mediator Before the Session
Risk, Recovery, and Release: Making Sense of Subrogation Waivers
Julia Bobbitt | Gray Reed A waiver of subrogation is a contractual provision in which one party agrees to relinquish its (or its insurer’s) right to seek reimbursement from another party for certain losses. To fully appreciate the significance of this provision, it is helpful to first understand the concept of subrogation itself. What is… Continue reading Risk, Recovery, and Release: Making Sense of Subrogation Waivers
D. Conn. Court: Insurer Has No Duty to Defend Over False Masonry Application
Matthew Lewis | Carlton Fields In Union Mutual Fire Insurance Co. v. Krajewski, the U.S. District Court for the District of Connecticut granted summary judgment in favor of an insurance carrier due to false statements provided by the insured on his application of insurance. In March 2022, Michael Krajewski sought insurance for his masonry business, Mike’s… Continue reading D. Conn. Court: Insurer Has No Duty to Defend Over False Masonry Application