R. Zachary Torres-Fowler | Pepper Hamilton LLP | January 18, 2018 Lathan Co. v. State, No. 2016-CA-0913, 2017 La. App. LEXIS 2277 (La. App. 1st Cir. Dec. 6, 2017). On December 6, 2017, the Louisiana Court of Appeals, First Circuit, reversed and remanded the trial court’s decision to grant the appellee’s, Jacobs Project Management Co./CRSS… Continue reading No Privity, No Problem: Louisiana Court of Appeals Holds That Project Manager Owes a Duty of Professional Care to General Contractor Despite a Lack of Privity
Tag: Advise & Consult
No Coverage for Building’s First Collapse, But Disputed Facts on Second Collapse
Tred R. Eyerly | Insurance Law Hawaii | January 3, 2018 While building’s first collapse was not covered, there were disputed facts regarding the second collapse, leading to a reversal of the order granting summary judgment to the insurer on both collapses. Intergroup Int’l Ltd. v. Cincinnati Ins. Cos, 2017 Ohio app. LEXIS 5099 (Ohio Ct.… Continue reading No Coverage for Building’s First Collapse, But Disputed Facts on Second Collapse
Risky (Shifting) Business: Pay-if-Paid Provision Enforced to Subcontractor’s Detriment
Katherine e. Kohm | The Dispute Resolver | January 20, 2018 In Baker Concrete Const., Inc. v. A. Pappajohn Co., No. FSTCV166028187S, 2017 WL 4106383, at *1 (Conn. Super. Ct. 2017), at issue was the age-old dispute of non-payment for work performed. The Baker Court first recounted the direct avenues for collecting on a construction project when payment is not… Continue reading Risky (Shifting) Business: Pay-if-Paid Provision Enforced to Subcontractor’s Detriment
An Insurer’s Duty to Defend is Now Triggered by Pre-Suit Notices Under Florida’s Construction Defect Statute, But Only With an Insurer’s Consent
Gary Brown and Steven Appelbaum | Construction Industry Counselor | January 5, 2018 In a case of first impression that will undoubtedly have significant effects on Florida’s construction and insurance industries, the Florida Supreme Court recently decided that an insurer’s duty to defend under a standard form commercial general liability (CGL) policy was triggered by… Continue reading An Insurer’s Duty to Defend is Now Triggered by Pre-Suit Notices Under Florida’s Construction Defect Statute, But Only With an Insurer’s Consent
Dispute Resolution: Arbitration – A Better Option for Resolving Construction Disputes
Kent B. Scott | Babcock Scott & Babcock This is the third installment in the series of articles on Dispute Resolution. Arbitration has long been favored as a means of resolving construction disputes. Many standard construction contract documents provide for a mandatory binding arbitration of all disputes arising under or related to the contract. Arbitration… Continue reading Dispute Resolution: Arbitration – A Better Option for Resolving Construction Disputes