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Results: 1-10 of 1,087

9th Circuit requires EPA to set storm water runoff limits for construction activities

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • October 20 2008

The 9th Circuit upheld a decision requiring the EPA to set storm water runoff limits for construction activities by Dec. 1, 2009

Landlord liability on the rise as a result of negligent oversight of construction and design

  • Baker Donelson Bearman Caldwell & Berkowitz PC
  • -
  • USA
  • -
  • October 3 2008

In Geringer v. Hartz Mountain Development Corporation, the Superior Court of New Jersey held that while a landlord owed no duty to maintain or repair a stairway within the tenant's leased space when the lease expressly delegates such responsibility upon the tenant, the landlord did owe a non-delegable duty of care in approving the design and construction of the stairway when no construction could proceed without the landlord's review and approval of the tenant's plans and specifications

Maryland court holds arbitration clause in a contract partially unenforceable

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • May 7 2012

In College Park Pentecostal Holiness Church v. General Steel Corp., Civ. No. PJM 09-2070 (D. Md.), the United States District Court for the District of Maryland struck down several portions of an arbitration clause in a standardized construction contract as unconscionable

Setoff is not "damages" or insurable loss

  • Wiley Rein LLP
  • -
  • USA
  • -
  • March 1 2011

The Appellate Division of the New York Supreme Court has held that, under New York law, a setoff for defective work by an insured construction management company was not "damages" or insurable loss under an environmental liability policy

Illinois court requires carrier to defend a construction defect based on negligent misrepresentation claim

  • Barnes & Thornburg LLP
  • -
  • USA
  • -
  • June 14 2012

A recent Illinois case determined that negligent misrepresentation claims qualify as an “occurrence” for the purpose of triggering general liability insurance coverage

The public policy behind licensing laws can be strong enough to vacate an arbitration decision

  • Alston & Bird LLP
  • -
  • USA
  • -
  • November 25 2013

Contractor license laws vary state by state, but most are extremely strict on adhering to the licensing requirements and contain severe penalties for

What the courts are saying...

  • Bricker & Eckler LLP
  • -
  • USA
  • -
  • October 31 2007

We begin this month with a look at an Ohio Supreme Court case that should look familiar, as we discussed the Court of Appeals decision in December of 2005

Overlooked obtaining an additional insured endorsement? You might be saved by the automatic additional insured endorsement or might not.

  • Duane Morris LLP
  • -
  • USA
  • -
  • October 18 2013

Many CGL policies typically include an endorsement that contains a clause providing for automatic additional insured status without a project

Administrative fees should be considered when selecting a dispute resolution provision

  • Duane Morris LLP
  • -
  • USA
  • -
  • March 2 2012

Both lawyers and clients agonize over the tactical advantages and disadvantages of arbitration and litigation

4th Circ. fuels voluntary payment clause enforcement trend

  • Steptoe & Johnson LLP
  • -
  • USA
  • -
  • January 8 2014

On December 16, 2013, the United States Court of Appeals for the Fourth Circuit decided PeriniTompkins Joint Venture v. ACE American Insurance