Pierre Grosdidier | Haynes and Boone LLP | February 5, 2019 In the usual construction contractual chain, the owner has a contract with a general contractor (“GC”), and likewise the GC with a subcontractor. Indemnity provisions typically ensure that the GC indemnifies the owner, and the subcontractor indemnifies the GC if, for example, an injured… Continue reading Construction Law Practice Tip: Indemnity Provision Details Matter
Tag: Advise & Consult
At What Cost? Navigating the Costly, Tricky Trends in Smaller Construction-Defect Disputes
Megan Ferris and Kristin Tannler | Construction Claims | Winter 2018 There is an ongoing trend in construction-defect litigation where lawsuits or arbitration claims involving contract, payment, or punch-list disputes transform into stubborn, unpredictable, and litigated disputes for which fees and expert costs far exceed the actual issues in dispute. These are not the multi-million-dollar… Continue reading At What Cost? Navigating the Costly, Tricky Trends in Smaller Construction-Defect Disputes
Assignment of Benefits Contracts are the Hot Topic of Discussion and Legislation in Florida, North Dakota and Elsewhere
Chip Merlin | Property Insurance Coverage Law Blog | February 11, 2019 Merlin Law Group knowledge manager Ruck DeMinico sent me recent North Dakota legislation pertaining to Assignment of Benefit contacts. This topic was also hotly debated two weeks ago at the Windstorm Insurance Conference in Orlando. Insurance restoration contractors, their lobbyists and attorneys are desperately trying to prevent any… Continue reading Assignment of Benefits Contracts are the Hot Topic of Discussion and Legislation in Florida, North Dakota and Elsewhere
Policyholder Wins Bad Faith Claim Despite Insurer Paying Nearly All It Owed
Kenneth Gorenberg | Barnes & Thornburg LLP | February 4, 2019 Can an insurance company be held liable for bad faith if it had a bona fide dispute with the policyholder over the extent of coverage in Illinois? Generally, it will not. However, a recent decision shows that delays in the claim and payment process… Continue reading Policyholder Wins Bad Faith Claim Despite Insurer Paying Nearly All It Owed
A Behind-the-Scenes Look at Substitution Hearings Under California’s Listing Law
Garret Murai | California Construction Law Blog | February 11, 2019 The next case, JMS Air Conditioning and Appliance Service, Inc. v. Santa Monica Community College District, 2nd District Court of Appeal, Case No. B284068 (December 17, 2018), provides an interesting behind-the-scenes look at substitution hearings under the Subletting and Subcontracting Fair Practices Act. The Subletting… Continue reading A Behind-the-Scenes Look at Substitution Hearings Under California’s Listing Law