News & Analysis as of

Repairs

Sledgehammers on hold

by Dentons on

The Valuation Office Agency has amended its practice note on how a property will be assessed for business rates when undergoing refurbishment or redevelopment. The revised practice note is a consequence of the Supreme...more

Georgia Diminished Value Putative Class Action: Motion to Dismiss Decision

In prior blog posts, I’ve covered developments in the putative class actions against insurance companies in Georgia involving diminution in value on property insurance claims (see my March 11, 2016 post, for example)....more

Nebraska Supreme Court Rules that an Insurer Can Depreciate Labor in Determining Actual Cash Value

Property policies typically provide, if there is coverage, that the insured can recover for the costs to repair or replace the property damaged by loss. But when an insured does not repair or replace the damaged property (or...more

The Option to Repair: Making it Work

by Rumberger Kirk & Caldwell on

Florida homeowner insurers are seeing a significant increase in claims and litigation and are seeking ways to avoid costly litigation and expedite the claims process for their insureds. One option for the insurer is to...more

2017 Florida State Legislature to Consider Bills Aimed at Assignments of Benefits, Water Losses, Appraisers, and Umpires

The 2017 Florida Legislative Session convened on March 7. Of particular interest to property insurers are the following bills, which we are closely watching: SB 944, proposing licensing requirements upon appraisers and...more

Are Your Commercial Lease Forms ADA Compliant?

by Payne & Fears on

A commercial property owner must now provide the tenant with a current disability access inspection certificate and inspection report or a copy of a CASp inspection report, if such a report has been issued which indicates...more

Disability Access Law Update Requires Changes To Disclosures In Commercial Leases Executed On Or After January 1, 2017

by Buchalter on

In 2012, the California Legislature passed Senate Bill 1186 in an effort to reduce the number of disability access lawsuits faced by business owners and to spur compliance with disability access laws. The bill, codified in...more

San Francisco Election Results: Which Real Estate Measures Passed?

by Coblentz Patch Duffy & Bass on

Prior to the November 8 election, we reported on the long list of local propositions on the San Francisco ballot, including a number of measures impacting real estate taxes, land use and governance. The results were of...more

Immediate Action Required: California Commercial Landlords Must Provide Accessibility Disclosures During Lease Negotiations

by Allen Matkins on

Assembly Bill No. 2093 is in effect.* It amended Civil Code Section 1938 to require landlords to provide prospective tenants with any report and/or disability access inspection certificate issued by a Certified Access...more

Massachusetts Legislature Passes Compromise Energy Bill

Last Sunday, the Massachusetts Legislature passed a compromise energy bill to significantly increase electricity produced by renewable energy sources. The state’s utilities will be required to purchase power from on and...more

How to Avoid Unexpected Maintenance Expenses When Structuring a Commercial Lease

by Faegre Baker Daniels on

About to enter into a long term commercial lease? You may be subject to additional expenses beyond rent. Landlords often require that tenants accept certain repair and maintenance obligations during the term of the lease (a...more

Second DCA Reaffirms Sinkhole Insurers' Contractual Right to Withhold Payment for Subsurface Repairs Until the Policyholder...

Two new opinions show the Second DCA continues to hold that if an insurance policy providing sinkhole coverage authorizes the insurer to withhold payment for subsurface repairs until the policyholder presents a signed...more

Elevator Considered “Falling Object” Under New York Labor Law §240(1)

In McCrea v. Arnlie Realty Co. LLC, 2016 N.Y.App.Div LEXIS 4215 (1st Dep’t June 7, 2016), plaintiff, an elevator repairman, was present at defendant’s property to investigate a scraping noise that could be heard while the...more

Select Your Expert Witness With Care

by Reed Smith on

The recent case of Flanders Community Centre Limited v Newham London Borough Council has provided us all with a dramatic reminder of how important the role of the expert witness is at trial. Whilst most lease renewal cases...more

Do You Have to Use the Insurance Company’s Preferred Body Shops?

by Howard Ankin on

If a vehicle is repairable after an auto accident, it will be necessary to take it to a body shop for a repair estimate. The insurance company that’s handling the accident claim may suggest their preferred body shops for...more

Florida’s Second District Upholds Policy Requirement Regarding Payment Of Subsurface Repairs In Sinkhole Claim

In Citizens Prop. Ins. Corp. v. Amat, 2016 Fla. App. LEXIS 2412 (Fla. Dist. Ct. App. 2d Dist. Feb. 19, 2016), the Second District remanded a final judgment awarding damages in a sinkhole claim for subsurface repairs without...more

“In Navigation” Status for Vessels under Renovation Remains Unclear

A Texas court of appeals recently held that a drill ship undergoing a renovation for nearly two years in dry dock might still be a “vessel in navigation.” Gold v. Helix Energy Solutions Group, Inc., No. 14-15-00123-CV, (Tex....more

Georgia Court Confirms Measurement of Damages from Construction Stormwater Runoff onto Adjacent Property

by Arnall Golden Gregory LLP on

The Georgia Court of Appeals recently upheld the assessment of damages against a property owner for the damage caused to a neighboring pond by erosion and sedimentation resulting from grading and construction inRidley v....more

California Environmental Law & Policy Update - October 2015

by Allen Matkins on

Environmental and Policy Focus - Royal Dutch Shell suspends Arctic drilling indefinitely: Washington Post - Sep 28: Royal Dutch Shell announced early on September 28, 2015 that it will indefinitely suspend its Arctic...more

OEM Disclaimers Withstand Challenge in Helicopter Crash: Damage to helicopter from defective part constitutes excluded...

On July 2, 2015, the U.S. District Court for the Eastern District of New York issued a decision in City of New York v. Bell Helicopter Textron, Inc., 13 CV 6848 that left the plaintiff without any remedy against the...more

Kansas Court Sanctions Depreciation of Labor to Determine Actual Cash Value

by Cozen O'Connor on

Two of our previous posts reported that Arkansas and Kentucky courts have now barred insurers from depreciating labor—as opposed to materials—when arriving at actual cash value (ACV). Last Wednesday in Graves v. American...more

Real World - An Update from Dechert's London Finance and Real Estate Group July 2015: Liability for Empty Rates Where Property is...

by Dechert LLP on

The Court of Appeal has ruled that rates will be payable unless a vacant building is beyond economic repair. Liability for empty rates for empty properties is governed by the Local Government Finance Act 1988 (LGFA...more

Shifting CPSC Recall Landscape? Agency Announces Major “Repair Program” that is not Labeled a “Recall”

Yesterday the CPSC and major furniture company IKEA jointly announced a “repair program” to address the serious and complex hazard of furniture tip over posed by 27 million chests and dressers sold by the company. The repair...more

The Different Warranties Covering A Contractor’s Work

A general’s or subcontractor’s job is far from over when it receives final payment on a construction project. Rather, final payment begins a new phase of the project, the warranty phase, which may last years. This is true...more

(UK) When Is An Emergency Not An Emergency

by Reed Smith on

It is the time of year when the Great British weather batters buildings up and down the country causing signs to fall off some and roofs to cave in! Beware, though, if you are the Landlord or manager of a mixed use building –...more

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