Duty to Defend a “Looney” Copyright Claim by Sedgwick LLP on 5/17/2012 Here’s a recent case we thought our readers would be interested in that was posted in our May 2012 Media Law Bulletin. When Looney Ricks Kiss Architects, Inc. (Looney) created an architectural design known as the Island...more
'Looney' Copyright Claim Covered: Fifth Circuit Holds Breach of Contract Exclusion Doesn't Bar Liability Insurance Coverage by Sedgwick LLP on 5/16/2012 When Looney Ricks Kiss Architects, Inc. (Looney) created an architectural design known as the Island Park Apartments in 1996, it probably wasn't thinking of insurance coverage law. But, it appears likely that Looney's...more
Construction Oberview: 2012 Maryland General Assembly Legislative Update by Ober|Kaler on 5/15/2012 A number of bills were passed during the Maryland General Assembly's 2012 legislative session that will impact certain sectors of the construction industry. Ober|Kaler has put together brief summaries of certain bills from...more
Breaking News: Insurance Coverage for "Hidden" Mechanics' and Materialmen's Lien Claims in North Carolina is Disappearing by Poyner Spruill LLP on 5/14/2012 Even in good economic times, lien claims asserted by subcontractors and material suppliers abound and lead to costly disputes. As in many states, North Carolina’s materialmen’s lien statutes create a system where “hidden” or...more
California Court Denies Rescission of Insurance Policy by Traub Lieberman Straus & Shrewsberry LLP on 5/4/2012 In its recent decision in Thompson v. Navigators Ins. Co., 2012 U.S. Dist. LEXIS 60122 (S.D. Cal. Apr. 30, 2012), the United States District Court for the Southern District of California considered whether an insurer was...more
Construction Attorneys--It Is Time to Check the Box!! by Katherine Gallo, Esq. on 5/1/2012 Five years, twenty drafts and hundreds and hundreds of non-billed attorneys later, the Civil and Small Claims Committee of the Judicial Council is recommending the Form Interrogatories - Construction Litigation be adopted and...more
Oregon Court Holds General Contractor Not Performing Professional Services by Traub Lieberman Straus & Shrewsberry LLP on 4/27/2012 In its recent decision in State Farm and Casualty Co. v. Lorrick Pacific, LLC, 2012 U.S. Dist. LEXIS 57922 (D. Ore. Apr. 24, 2012), the United States District Court for the District of Oregon had occasion to consider whether...more
Drafting & Negotiating Risk Allocation Provisions for Public Owners by Christopher Brown on 4/26/2012 My PowerPoint presentation to CSTCA annual meeting program on public construction issues....more
Sometimes Carriers Have to Defend Chinese Drywall Cases by Christopher G. Hill on 4/25/2012 A discussion of another Virginia Chinese Drywall case at the Construction Law Musings Blog of Va Construction Lawyer Christopher Hill, LEED AP. It behooves Virginia construction professionals to carefully consider all of he...more
The Benefits of WRAP Insurance on Large Construction Projects - Ray Buddie [Video] by Allen Matkins Leck Gamble Mallory & Natsis... on 4/12/2012 WRAP insurance in a single "WRAP insurance program" can cover all players in a construction project. These programs are typically either owner controlled or contractor controlled. These WRAP programs can often save...more
Delaware Court Rejects Extrinsic Facts In Determining Duty to Defend Additional Insured by Traub Lieberman Straus & Shrewsberry LLP on 4/10/2012 In its recent decision in The Premcor Refining Group v. National Fire Insurance Co. of Hartford, 2012 U.S. Dist. LEXIS 49097 (D. Del. Apr. 6, 2012), the United States District Court for the District of Delaware considered...more
Supreme Court Takes Up Hot Issues Of Public Employer Budget Woes, No-Fault Coverage, Takings Damages For “Loss Of Market... by Warner Norcross & Judd - Appellate Practice... on 3/26/2012 The Supreme Court granted three applications for leave of significance on March 23, 2012. The first raises the issue of whether courts may examine a public body’s stated budgetary motive in defending a whistleblower claim,...more
Illinois Federal Court Rejects Dismissal Based on Abstention Doctrine by Traub Lieberman Straus & Shrewsberry LLP on 3/1/2012 In its recent decision in Hartford Cas. Ins. Co. v. Construction Builders In Motion, Inc., 2012 U.S. Dist. LEXIS 25240 (E.D. Ill. Feb. 28, 2012), the United States District Court for the Northern District of Illinois,...more
The Intersection of Contractual Indemnity Clauses and Additional Insured Status: You May Have Less Coverage Than You Think by King & Spalding on 2/24/2012 Parties to sophisticated construction projects, real estate transactions, and services agreements routinely allocate risks by contract through the use of indemnity provisions. Parties often reinforce that risk allocation...more
Construction Law in North Carolina: 7 Critical Mistakes Engineers & Architects Make During Project Negotiation & Execution That... by Melissa Dewey Brumback on 2/17/2012 The typical commercial construction lawsuit can cost an architecture or engineering firm well over $100,000 to resolve. It is not unheard of for some construction lawsuits to rise into the multiple hundreds of...more