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Results: 1-10 of 1,057

The AIA document B101-2007 Owner-Architect Agreement - who has rights to the instruments of service?
  • Bricker & Eckler LLP
  • USA
  • February 29 2008

An architect is an artist


“Time is of the essence” finishing the work on time and what happens if the work is not finished on time
  • Bricker & Eckler LLP
  • USA
  • March 31 2008

The phrase “time is of the essence” can be found in most construction contracts today, but what does it mean?


Construction insurance fundamentals
  • Bricker & Eckler LLP
  • USA
  • November 2 2012

"The Heiles argue that the policy exclusions relied on by State Auto do not apply here."


The effect of not confirming an arbitration award where a party claims collateral estoppel or res judicata
  • Bricker & Eckler LLP
  • USA
  • November 16 2009

In our last ADR Corner article, we discussed Ohio case law regarding the one-year deadline for confirming an arbitration award and the court’s analysis that a party seeking to confirm an arbitration award may do so after the one-year statutory period where there is a showing of good cause


Civil Rule 10(d)(2): an affidavit is required, but merit is entirely optional
  • Bricker & Eckler LLP
  • USA
  • June 2 2011

The Affidavit of Merit requirement in Rule 10(D)(2) was introduced in 2005 to eliminate frivolous lawsuits


Standard one-year warranty: fact or fiction?
  • Bricker & Eckler LLP
  • USA
  • April 30 2008

It is often heard from contractors, as well as owners, that “a contractor is not responsible for repairing work on a project outside of a year after the work is complete,” because the project is no longer covered by the contractor’s “standard one-year warranty.”


Lesson of Pippins v. KPMG: “chutzpah” can be costly, especially in large cases before the Southern District of New York
  • Bricker & Eckler LLP
  • USA
  • March 14 2012

With Pippins v. KPMG, the Southern District of New York, which gave us the Zubulake and Pension Committee decisions, maintains and extends its forward position among jurisdictions nationally in punishing large corporations with broad and expensive preservation requirements


Will banks face a growing number of False Claims Act lawsuits based on government-backed mortgages in default?
  • Bricker & Eckler LLP
  • USA
  • April 20 2015

The Legal Aid group Advocates for Basic Legal Equality (ABLE) has taken a novel approach to using the False Claims Act by initiating a lawsuit


Court upholds double damages and punitive damages for USERRA violation
  • Bricker & Eckler LLP
  • USA
  • March 26 2008

The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the employment rights and benefits of military service members on their return from military duty


Third Circuit "clarifies" ascertainability: is the circuit split?
  • Bricker & Eckler LLP
  • USA
  • May 7 2015

Ascertainability has received growing attention with the class action defense bar in recent years. An implied prerequisite to the express elements of