News & Analysis as of

Remediation Property Damage

J.S. Held

The Three G’s: Geology, Groundwater, and Geometry in Origin & Cause Analyses

J.S. Held on

Geotechnical practitioners are often focused on the “Three G’s”—namely geology, groundwater, and geometry. The interconnectedness of the Three G’s is responsible for fundamental aspects of the Earth’s composition and...more

Ward and Smith, P.A.

The Aftermath: Recovering From a Hurricane - Update

Ward and Smith, P.A. on

Hope for the best and prepare for the worst—that's the best advice to protect yourself from hurricanes.  Despite our best efforts, there's no telling what these storms will bring when they blow through town....more

BCLP

Município de Mariana v BHP Group: the English High Court casts its jurisdictional net wider in the Fundão Dam class action...

BCLP on

In the High Court’s recent judgment in Município de Mariana & Ors v BHP Group (UK) Limited & Anor the Court found that England was “clearly the appropriate forum” to determine whether Vale SA, a Brazilian company, should...more

Adams and Reese LLP

Important Louisiana Licensing Tips for Out-of-State Contractors for 2023 Hurricane Season

Adams and Reese LLP on

With the peak of the hurricane season approaching, it is important to share some important tips and requirements for out-of-state contractors to know before performing remediation or restoration work on commercial or...more

Porter Hedges LLP

Hurricane Season - Damage Repair Contract Protection for Consumers and Contractors

Porter Hedges LLP on

August through October marks the peak of hurricane season along the Texas Gulf Coast. Nearly every year, at least some part of the Texas coast feels the impact of a named storm during these months, either by flood, wind,...more

Kilpatrick

Texas Law: Repair and Remodeling Contracts after a Natural Disaster

Kilpatrick on

Given the recent tropical systems that have hit Texas including Laura and Beta (who still has not departed), there will undoubtedly be a need for disaster remediation contractors to address some of the damage recently caused....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Price Anderson Act/Damage Claims: Federal Court Addresses Preemption Scope

The United States District Court for the Southern District of Illinois (“Court”) addressed in a June 29th Memorandum and Order (“Order”) certain issues arising out of a class action alleging a plant operating in Metropolis,...more

White and Williams LLP

Illinois Appellate Court Clarifies What Is and Is Not an “Occurrence” in the Construction Defect Context

On December 31, 2019, the First District Illinois Appellate Court issued its decision in Owners Insurance Company v. Precision Painting & Decorating Corporation, clarifying what does and does not constitute “property damage”...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mold/Remediation: Michigan Appellate Court Addresses Duty Owed Homeowner by Insurance Company and Cleanup Contractor

The Court of Appeals of Michigan (“Court”) in an August 21st opinion addressed an issue regarding the duty and liability of Farmers Insurance Exchange (“Farmers”) and U.S. Disaster Services LLC (“U.S. Disaster”) owed to an...more

Bradley Arant Boult Cummings LLP

Important Reminder about Construction Claims for Builders and Contractors

In light of the recent devastation caused by Hurricane Harvey, we want to remind area builders of the 2011 law that applies to disaster remediation contractors performing work in Texas....more

Pullman & Comley, LLC

Property Tax and Valuation Topics: Summer 2016

Pullman & Comley, LLC on

Interim “Watch Tower” Revaluation After High Sale Upheld - The last citywide revaluation conducted by Milford was as of October 1, 2011. On that date, the residential property at 19 Beach Avenue was valued by the...more

Bradley Arant Boult Cummings LLP

Are You Covered? The “Care, Custody, or Control” Exclusion

Spring weather systems, such as the storms that have recently produced significant flooding in Texas, frequently create the necessity for restoration and remediation work. In performing such restoration work, it may be...more

Carlton Fields

“Voluntary” ≠ “Obligatory”: Good Deeds Do Not Trigger Coverage

Carlton Fields on

Liability policies typically provide coverage for amounts the insured “become[s] legally obligated to pay”—but they leave open the question of how that obligation should be determined. Judgments and settlements clearly...more

Zelle  LLP

Public Adjusters Do Not Have Free Pass To The Stand

Zelle LLP on

In Falcon v. State Farm Lloyds, the Western District of Texas reminded litigants that licensed public adjusters are not immune from expert witness qualification requirements. Namely, a public adjuster’s license does not...more

McCarter & English, LLP

New Jersey’s General Statute of Limitations Now a Defense to Spill Act Claims for Contribution

The New Jersey Appellate Division just ruled that the general six-year statute of limitations for property damage claims applies to a private claim for contribution brought under the New Jersey Spill Compensation and Control...more

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