Stephen Orlando | Gordon & Rees Scully Mansukhani | August 10, 2018 Like death and taxes, construction delays are inevitable. Even the most cautious, diligent contractor may face subcontractor disputes, supply shortages, or inclement weather which slows down a project. Even if the contractor avoids unexpected problems, the sheer complexity of a job may cause… Continue reading Avoid Delay or Get Ready to Pay: The Risks of “Time-Is-of-The-Essence” Clauses
Tag: Advise & Consult
Construction Arbitration: The Pros and Cons
Jason T. Strickland | Wardand Smith | August 29, 2018 It’s an unfortunate fact that many construction projects end in disputes, driving the parties into some form of dispute resolution. Many of these construction disputes are resolved through arbitration, which is a process by which the parties in dispute, instead of going to court to… Continue reading Construction Arbitration: The Pros and Cons
Can’t Get a Written Change Order? Document, Document, Document
Todd M. Heffner | Smith Currie | August 20, 2018 Most construction contracts require that any changes to the work be made formally, in writing, via a change order, work directive, or similar written document. Frequently, however, changes to the work or extra work are communicated orally by the architect, engineer, or owner’s representative, instead… Continue reading Can’t Get a Written Change Order? Document, Document, Document
Attorneys’ Fees Awarded “Because Of” Property Damage Are Covered by Policy
Tred R. Eyerly | Insurance Law Hawaii | August 6, 2018 The Ninth Circuit upheld the District Court’s decision that the insured Association of Apartment Owners was entitled to coverage for the attorneys’ fees incurred [prior post here].Ass’n of Apartment Owners of the Moorings, Inc. v. Dongbu Ins. Co., Ltd., 2018 U.S. App. LEXIS 20251 (9th… Continue reading Attorneys’ Fees Awarded “Because Of” Property Damage Are Covered by Policy
Ambiguous Grant Of Collapse Coverage Construed In Policyholder’s Favor
Richard Wolf | Claims Journal | August 27, 2018 Invoking the familiar insurance contract interpretation doctrine of California and other jurisdictions, that truly ambiguous policy wording must be construed against the insurer drafting it, the U.S. District Court for the Eastern District of California decided on August 16, 2018 that coverage for “abrupt collapse” of a… Continue reading Ambiguous Grant Of Collapse Coverage Construed In Policyholder’s Favor