Marle Laur | Property Insurance Coverage Law Blog | November 3, 2018 In the case Biasatti v. GuideOne National Ins. Co., No. 07-17-00044-CV (Tex. Ct.App. Aug. 16, 2018), Steven Biasatti and Paul Gross, d/b/a TopDog Properties, brought suit against its insurance company, GuideOne National Insurance Company for breach of contract. TopDog Properties (“TopDog”) was insured through… Continue reading Timely Paying Appraisal Award Exempted Insurer from Breach of Contract and Bad Faith Claim
Tag: Advise & Consult
Timing is Everything: Defending Subcontractors Against Breach of Construction Contract Claims
Andrew T. Marshall | Butler Weihmuller Katz Craig | October 31, 2018 Transfer of risk and liability are common occurrences in the field of construction. National builders often employ a single licensed general contractor to oversee the totality of its construction projects throughout the state of Florida. While this use of a “qualifier” technically complies… Continue reading Timing is Everything: Defending Subcontractors Against Breach of Construction Contract Claims
Statute of Repose: Is Equipment Installed as Part of Building Renovations Considered a “Product” or “Construction”?
Donald A. Rea | Construction Industry Counselor | November 1, 2018 Resolution of the question is critical to the application of product liability statutes or construction law and their often differing statutes of limitation and repose. It was recently addressed in Puente v. Resources Conservation Co., Int’l, No. 76604-0-I, 2018 WL 5146983 (Wash. App. Oct. 22,… Continue reading Statute of Repose: Is Equipment Installed as Part of Building Renovations Considered a “Product” or “Construction”?
Teaching An Old Dog New Tricks: The Spearin Doctrine and Design-Build Projects
John Castro | Construction Law Blog | October 5, 2018 The United States District Court for the Southern District of California has now held that the Spearin doctrine applies to design-build subcontractors where the subcontractor is expected to design a portion of their work. The case is United States for the use and benefit of Bonita Pipeline, Inc.,… Continue reading Teaching An Old Dog New Tricks: The Spearin Doctrine and Design-Build Projects
Contract Scope Limits Tort Liability
Stan Martin | Commonsense Construction Law LLC | October 26, 2018 From the Massachusetts Appeals Court comes a reminder that a contract scope of services may serve to control or limit the scope of tort liability. New homeowners sued the contractor and designer, hired by the former homeowner for a replacement septic system, when that… Continue reading Contract Scope Limits Tort Liability