Tag: Advise & Consult

Proof of Loss: Can an Insurer Deny Coverage and Later Argue the Claim is Barred Because the Insured Did Not Comply with the Proof of Loss Condition?

Kevin Pollack | Property Insurance Coverage Law Blog | February 24, 2017 Insurers on occasion deny coverage or make claim decisions based on one ground, and then later, during litigation, seek to avoid liability based upon an entirely new defense theory. Although coverage decision letters regularly throw in boilerplate language seeking to avoid waiving coverage… Continue reading Proof of Loss: Can an Insurer Deny Coverage and Later Argue the Claim is Barred Because the Insured Did Not Comply with the Proof of Loss Condition?

Is a Dispute Over General Contractor Overhead and Profit Appropriate for Appraisal?

Edward Eshoo | Property Insurance Coverage Law Blog | February 22, 2017 In Windridge of Naperville Condominium Association v. Philadelphia Indemnity Insurance Company,1 a federal district court in Illinois recently addressed the issue whether appraisal is appropriate to resolve a dispute over the need for a general contractor to perform repairs following a covered loss.… Continue reading Is a Dispute Over General Contractor Overhead and Profit Appropriate for Appraisal?

Construction Defect – Application of the Right to Repair Statute to Material Suppliers

Joseph M. Fenech | Low, Ball & Lynch |  February 2017 The Right to Repair Statute in California requires a homeowner show a breach of contract or negligence to succeed. Acqua Vista Homeowners Association v. MWI, Inc. California Court of Appeals, Fourth Appellate District (January 26, 2017) Civil Code § 8951 et seq. (the “Act”)… Continue reading Construction Defect – Application of the Right to Repair Statute to Material Suppliers

Construction Contracts: Pay Attention to the Preamble

Alexander Barthet | Sage Construction and Real Estate | February 16, 2017 I recently filed a lawsuit on behalf of a subcontractor who hadn’t been paid. The prime contractor named in the suit countered, saying that the company name listed in the contract’s preamble wasn’t the right company. When we looked into it, we found… Continue reading Construction Contracts: Pay Attention to the Preamble

Building a Favorable Project Record During Construction Disputes

Ben Pollock and Craig Ledet | King & Spalding | February 2017 The value and importance of the written record in a dispute arising from a major construction project cannot be overstated. Even when project personnel are available to provide first-hand accounts—which often is challenging after construction is complete—the contemporaneous evidence concerning the information available… Continue reading Building a Favorable Project Record During Construction Disputes