Continued Performance Clause Held Unenforceble
The Real Estate and Construction Blog summarizes a Califonia appellate court recently held a "continued performace clause" is not enforceable when the owner commits a material breach.
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Insurance defense practices in construction defect cases
Professor Herbert Kritzer's article on "The Commodification of Insurance Defense Practice" in construction defect and other cases is a must read for attorneys representing both claimants and insured.
Posted In Construction Defects & Defective Construction , Construction Industry News , Construction Law , Insurance , Insurance Bad FaithComments / Questions (0) | Permalink
Is there a difference between honesty and truthfulness?
For lawyers, maybe so, says Professor Peter Henning in an article for the Notre Dame Journal of Law and Ethics.
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"Binding mediation" is an oxymoron
A California appellate court decision banning "binding mediation" is discussed over at May It Please the Court.
Posted In Alternative Dispute Resolution , Arbitration , Construction Industry News , Construction Law , MediationComments / Questions (0) | Permalink
Katrina victims win round when federal court holds the insurance policy ambiguous
Updated: A Mississippi federal district court has held State Farm's insurance policy form ambiguous and that State Farm must pay for wind and water damage even if tidal surge caused later caused further destruction, reports the SunHerald.
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The Supreme Court decides to revisit the issue of constitutional limits on punitive damages (UPDATED)
The Court will decide whether its earlier decision in State Farm v Campbell (i) mandates a reasonable ratio between compensatory and punitive damages when the defendants conduct was outrageous and (ii) prohibits the jury from considering the harm done to persons other than the plaintiff in making its award.
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Taking the hand-shake contract to the ultimate level
"We shook hands on it" connotes to folks in the construction business a legally binding deals been made. Would writing the contract with one's own blood connote more?
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How not to write an arbitration agreement
Make the arbitration clause one-sided and give yourself, but not the other party, a way to opt out and the clause is unenforceable according to a recent ruling by the Wisconsin Supreme Court.
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The Federal Prompt Pay Act sets time limits for payment of government construction contractors
The provisions of the Act are summarized and linked to over at Construction Lawyer-Utah.
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The effect of giving an insurer late notice on a otherwise covered construction claim
Marc Mayerson over at the Insurance Scrawl does his usual masterful job discussing recent case law on when late notice results in forfeiture of insurance coverage.
Posted In Construction Claims & Disputes , Construction Contracts , Construction Law , Insurance , Insurance Bad Faith , Insurance CoverageComments / Questions (0) | Permalink