As a lawyer, especially as a litigator, I must pay close attention to statutes of limitations. Most people are generally aware of the idea behind these statutes. They operate to set a time limit for filing a lawsuit in a civil…more
The economic downturn that began with the subprime mortgage crisis in 2007 and has continued through the present has not spared the construction industry. With the private construction market struggling, many contractors…more
As a member of DBL's Civil Litigation Practice Group, I frequently defend small and medium-sized businesses against all sorts of lawsuits. While being sued is not a regular occurrence for most such companies, it remains a cost…more
The classic "slip and fall" case has been a constant part of personal injury litigation throughout American legal history. At least in more recent times, the public seems to hold a generally cynical opinion about these sort of…more
The general contractor for a project may often find itself in a vulnerable position. One such instance of this can arise as the contractor submits its bid and contracts with the owner of a project. In arriving at its bid, the…more
The Kentucky Court of Appeals just issued an opinion on April 13, 2012, hammering home the strict requirements imposed on developers that must be met in order to make a subdivision street private (as opposed to a public road.) …more
A court will presume that one has read a contract and agreed to its contents if he or she signs it. In other words, failing to read the "fine print" cannot serve as an excuse if the deal goes bad. Courts take this principle…more
In today's cyber-society, the electronic services and technology we use on a daily basis often come with the unavoidable "Terms and Conditions." We are usually confronted by such terms through a l ong list of fine print…more
The Kentucky Court of Appeals issued a decision this summer reinforcing the strict burden placed on contractors to comply with safety regulations. The decision requires employers to take personal responsibility to ensure that…more
Some confusion has arisen in construction defect cases as to the proper measure of damages and evidence needed to prove them. The two competing theories for measure of damages are: 1) the cost of repair or restoration; and 2)…more
I recently read an article explaining ways to increase the likelihood of success at mediation. The article presented the advice in the negative, that is, mistakes to avoid. One of the key points was: Do not leave the…more
The problems experienced by car accident victims trying to recover for medical bills, lost wages, and other harm are real. One of the most frequent problems encountered by lawyers is a lack of sufficient insurance to cover a…more
I recently read an article on the "essential terms" needed in an arbitration clause to achieve cost-effective arbitration. The original article states six "essential terms" for the arbitration clause: 1.) insist on a single…more
The conscientious contractor seeks to prevent accidents on the construction site for a number of both economical and ethical reasons. Even when care is taken, accidents inevitably occur. By following a few basic precautions,…more
The American Recovery and Reinvestment Act (ARRA) will undoubtedly fund major public construction projects in Kentucky in the immediate future. Indeed, Governor Beshear recently announced through the “Kentucky at…more
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