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
Tag: Advise & Consult
When Construction Contracts Go Sideways in Bankruptcy
Tracy Green | California Construction Law Blog | February 10, 2017 The contractor on a project files a bankruptcy case. How should the property owner and subcontractors proceed? When a party to a contract files bankruptcy, the other party’s actions are constrained by the bankruptcy code. Types of Bankruptcies The typical bankruptcy case involves a… Continue reading When Construction Contracts Go Sideways in Bankruptcy
A “Recovery” Against Insurers in Oregon does not Require a Money Judgment
Dwain Clifford | The Policyholder Report | February 8, 2017 Last week, the Oregon Supreme Court made it just a little easier for an insured to recover the attorney fees that it has been forced to spend in compelling an insurer to pay up. In Long v. Farmers Ins. Co. of Oregon, the Supreme Court… Continue reading A “Recovery” Against Insurers in Oregon does not Require a Money Judgment
The Importance of Clear Contract Terms
Michael Wilson | Greensfelder Hemker & Gale PC | February 6, 2017 Many legal battles in the construction industry revolve around contract interpretation disputes. Care in contract drafting is a valuable way to avoid disputes. A fundamental principle of contract interpretation is to ascertain and give effect to the parties’ objectively expressed intent. What a… Continue reading The Importance of Clear Contract Terms
California Supreme Court Upholds Insurance Commissioner’s Authority to Regulate Replacement Cost Estimates
Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel LLP | January 24, 2017 In Assn. of Cal. Insurance Companies v. Jones ( No. S226529, filed 1/23/17), the California Supreme Court reversed trial and appellate court decisions to hold that California’s Insurance Commissioner Dave Jones had the authority to promulgate California Code of… Continue reading California Supreme Court Upholds Insurance Commissioner’s Authority to Regulate Replacement Cost Estimates