Commercial Law & Contracts, Construction Law, Civil Procedure

California Civil Depositions Limited To Seven Hours Under New Law

by Peter Bauman - Senior Associate at Tharpe &... on 5/15/2013

Some attorneys are known for being long-winded time wasters who act with little regard for efficiency, especially when billing at an hourly rate. Although we believe the length of a deposition is often dictated by the...more

Trial Tactics for Insurance and Corporate Defense Cases

by Peter Bauman - Senior Associate at Tharpe &... on 5/14/2013

Insurance companies and corporate defendants often begin a lawsuit at a disadvantage due to the mere fact that they are being sued by a plaintiff who alleges to have been injured and/or damaged. It is therefore crucial to...more

Litigation Management: A Win-Win

by Peter Bauman - Senior Associate at Tharpe &... on 5/13/2013

Using tools and strategies to effectively and intelligently proceed a case through the litigation process, based on the goals and expectations of a specific client, is an important part of effective legal representation. This...more

Daubert Standard For Expert Testimony Almost Applied In California

by Peter Bauman - Senior Associate at Tharpe &... on 5/10/2013

The standard for admitting expert scientific testimony in a federal trial under the Federal Rules of Civil Procedure was established in the case of Daubert v. Merrell Dow Pharmaceutical (US Supreme Court, 6/28/93), then...more

The New Texas Expedited Trial Rule’s Effect On Subcontractors And Suppliers

by Joe Virene | Looper Reed & McGraw, P.C. on 5/8/2013

It has been said many times “the wheels of justice grind slowly.” Indeed most cases take well over a year, and some a few years, to try. To help solve this problem the Texas Legislature created a new procedural rule to...more

When Does an "Occurrence" Occur?

by Jerome Sturhahn | Sherman & Howard L.L.C. on 5/1/2013

Two federal courts in Denver recently addressed a fundamental question that exists in almost every construction defect case - when did the property damage that gives rise to liability, and the insurer's obligation, occur? ...more

The “Occurrence” Debate Continues: Pennsylvania and North Dakota Edition

by Aaron Mandel, Stevi Raab | Sedgwick LLP on 4/30/2013

As noted in our previous installment of CDCQ, the “occurrence” issue is one of the most hotly litigated topics in construction defect coverage cases. This last quarter was no exception. Two recent cases addressing this issue...more

Insurers: Does Your Policy Contain a Broadly Worded EIFS Exclusion? If You’re in Washington, You Might Be in Luck!

by Aaron Mandel, Stevi Raab | Sedgwick LLP on 4/30/2013

Recently, Washington courts have issued a number of opinions resolving a variety of issues against insurers. For instance, the Washington Supreme Court presumed that there is no attorney-client privilege in a bad-faith suit...more

In Site Spring 2013

by Kevin Greene, Inga Hall, Jamie Olsen | K&L Gates LLP on 4/30/2013

Welcome to the Spring edition of In Site. This edition covers the following topics: - A brief overview of the “Jackson cost reforms” to civil litigation which came into force on 1 April 2013 - A note of the...more

An Update On North Carolina's New Lien Agent System

by Martin Flyke | Poyner Spruill LLP on 4/30/2013

On April 1, 2013, the changes to North Carolina’s construction lien laws enacted in July 2012 became effective. For a general overview of the pertinent changes, please review the articles written by Brian Corbett and Tom...more

Your Last Resort: The Unpaid Account

by Joe Virene | Looper Reed & McGraw, P.C. on 4/29/2013

A suit on an unpaid account against your customer will likely entitle you to the principal balance plus interest and attorney fees. But a suit on an unpaid account is only as good as your customer’s ability to satisfy the...more

New York Court Holds Wholesale Broker Is Insured’s Agent for Delivery of Policy

by Traub Lieberman Straus & Shrewsberry LLP on 4/23/2013

In its recent decision in B&A Demolition & Removal Inc. v. Markel Ins. Co., 2013 U.S. Dist. LEXIS 55946 (E.D.N.Y. Apr. 18, 2013), the United States District Court for the Eastern District of New York had occasion to consider...more

Careful Drafting Can Prevent Dispute Clauses from Being Ignored

by Joseph Kovars | Ober|Kaler on 4/22/2013

Two recent cases highlight the pitfalls facing construction parties -- owners, contractors and subcontractors -- when they use fairly common contract clauses that address how they want disputes decided. In one case, the...more

New Court Decision Clarifies Mechanic's Lien Valuation Statute

by Mathew Troughton | Sheppard Mullin Richter & Hampton LLP on 4/22/2013

The amount of a mechanic’s lien in California is generally the lesser of: 1) the reasonable value of the work; or 2) the price agreed upon in the lien claimant’s contract. But does the same measure apply if a lien defendant...more

Florida Property Owners: Be Aware Of This Procedure Before Filing A Construction Defects Claim

by Alex Figares, Adam F. Haimo | Bilzin Sumberg Baena Price & Axelrod LLP on 4/5/2013

One of the most frustrating events for a residential homeowner, or a commercial property owner, is the day that they find construction defects on their property. From that time forward, the steps that are taken by the...more

Arizona Court of Appeals Renders Two Decisions Affecting Awards of Attorneys’ Fees in Lawsuits to Enforce Mechanics’ Liens

by Jennifer R. Phillips, Nicole Sornsin | Snell & Wilmer L.L.P. on 4/4/2013

This past month, the Arizona Court of Appeals issued two decisions that could have significant implications for mechanics’ lien claimants....more

Burr Alert: The Emperor’s New Economic Loss Rule

by Peter C. Vilmos | Burr & Forman on 3/28/2013

For years, litigating breach of contract cases in Florida meant having to struggle with the array of cases dealing with the Economic Loss Rule. In its simplest form, the Economic Loss Rule is a judicially created principle...more

Burr Alert: The Architect's Role In The Construction Project

by Nancy Carey, C. William Daniels, Jr. | Burr & Forman on 3/21/2013

Recently, the Alabama courts have issued two significant decisions regarding the architect's role in the construction project, which will have an impact on owners, contractors, and subcontractors. It is important that you...more

Arbitration or Arbitrary? A Guide to Help You Decide Whether to Arbitrate Construction Disputes

by Brian Autry | Nexsen Pruet, PLLC on 3/20/2013

When will mankind be convinced and agree to settle their difficulties by arbitration? - Benjamin Franklin As a general rule, I am almost convinced that all disputes in the construction context should be settled by...more

Eleventh Circuit Allows Consideration of Extrinsic Evidence

by Traub Lieberman Straus & Shrewsberry LLP on 3/18/2013

In its recent decision in American Safety Indemnity Co. v. T.H. Taylor, 2013 U.S. App. LEXIS 5072 (11th Cir. March 14, 2013), the United States Court of Appeals for the Eleventh Circuit, applying Alabama law, had occasion to...more

Under Construction - March 2013

by Jason Ebe, Brett W. Johnson, Scott C. Sandberg, James J. Sienicki, Mary-Christine ("M.C.") Sungaila | Snell & Wilmer L.L.P. on 3/16/2013

In This Issue: - Letter From the Editor - Tips for Presenting, Analyzing and Resolving Delay and Impact Claims - The Ever-Shrinking Federal Budget: Preparing for Contract Cut-Backs - Colorado Court of...more

Lenders Beware -- California decision may ignite next wave of lender liability litigation

by Reed Mercado | Sheppard Mullin Richter & Hampton LLP on 3/15/2013

In a recent decision from the California Court of Appeals entitled Jolley v. Chase Home Finance, LLC, the Court severely curtailed lenders’ ability to dispose of lender liability claims on summary judgment, thereby adopting a...more

Contractual Notice Requirements: Not Just a “Technical Defence”

by Howard Krupat | Heenan Blaikie LLP on 3/12/2013

The following conversation is not uncommon at the outset of a construction dispute: Contractor’s Lawyer: “My client is clearly owed millions of dollars for unpaid extra work and delay damages. What is your client’s...more

Treble Damages Not Assessed Against Representative Who Was Not A Party To The Contract

by Schecter Law on 3/4/2013

In Home Construction Management, LLC v. Comet, Inc., 4D11-4022 & 4D12-21 (Fla. 4th DCA 2013), Home Construction Management, LLC. (“HCM”) and representative Abraham Omer appealed a final judgment and damage award for claims...more

Colorado Federal Court Applies Builder’s Risk Exclusion and Policy Endorsement to Preclude Coverage for Underlying Construction...

by Aaron Mandel, Stevi Raab | Sedgwick LLP on 2/8/2013

Even where insureds clear the “property damage” and “occurrence” hurdles to finding coverage for construction defect claims under liability insurance policies, additional coverage obstacles remain. Consider the “business...more

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Commercial Law & Contracts › Construction Law › Civil Procedure