Condition Precedent

Pay-If-Paid Clauses: A Powerful Shield From Payment

by Joe Virene | Looper Reed & McGraw, P.C. on 5/20/2013

Subcontracts typically contain either a pay-when-paid clause or a pay-if-paid (i.e., contingent payment) clause. A pay-when-paid clause only deals with the timing of the obligation to pay the subcontractor. ...more

Seventh Circuit Confirms Viability of Claims Made Defense in Errors and Omissions Policy Dispute

by Scott Bloom, Luke Panzar | Sedgwick LLP on 4/15/2013

The Seventh Circuit confirmed that the notice requirements of “claims-made” policies entitle insurers to deny coverage where, before the policy’s inception, the insured knows of circumstances that “might reasonably be...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

It Ain't Over 'Till the Fat Lady Sings - Party's Contractual Obligations Continue In Agreement To Negotiate

by Sarah Aberg | Sheppard Mullin Richter & Hampton LLP on 2/21/2013

In IDT Corp. v Tyco Group, S.A.R.L., 2012 NY Slip Op 09190 (1st Dept. Dec. 27, 2012) the Appellate Division held that if you sign a binding agreement that includes an obligation to negotiate, the obligation to negotiate is...more

December 2012: Insurance Litigation Update

by Quinn Emanuel Urquhart & Sullivan, LLP on 12/17/2012

Exhaustion Means Exhaustion: Courts Require Complete Exhaustion for Excess Coverage: The idea behind excess insurance is easy to understand — an excess policy provides additional coverage above the limits of the underlying,...more

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Pay-If-Paid Clauses: A Powerful Shield From Payment

Seventh Circuit Confirms Viability of Claims Made Defense in Errors and Omissions Policy Dispute

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

It Ain't Over 'Till the Fat Lady Sings - Party's Contractual Obligations Continue In Agreement To Negotiate

December 2012: Insurance Litigation Update

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