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February 2012
Construction Defect Claims: Three Myths About Which Every Claims Director Should Know
A New Friend for Insurers - Amendments to Rule 26 Could Benefit Subrogation Efforts
Insurer Not Entitled to Summary Judgment on Construction Defect Claims
Refusal to Respond, Among Other Things, Results in Bad Faith Against Carrier
January 2012
No Liability for Others' Asbestos Products
10 Predictions for Litigation in 2012
Newly Discovered Damage Should Be Addressed During Appraisal
Supreme Court of Utah Addresses Allocation of Defense Costs Among Insurers
'Not Whether, but How' to Improve Insurance Regulation
Expert Testimony Failed to Meet Daubert Standard
'Flood House' Gives Close-Up of Water Damage
Risk Management Concerns on State Agendas for 2012
2011 Record Year for Natural Disasters
December 2011
Legislative Proposal Could Wipe Out Common Area Warranties
Legal Matters: Condo/Townhome Living can Lead to Unusual Disputes
OSHA Inspections: Employer Rights and Responsibilities – Types of Violations
4th Circuit Holds No Duty to Defend Insurance Broker in Bodily Injury Suit
Practical Use of Expert Witnesses in Construction Defect Cases
Arbitrators Can Decide Validity of Arbitration Provision in Construction Contracts
The Limited Scope of Bad-Faith Expert Testimony
Experts: Can You Survive A Daubert Challenge?
How to Produce and Keep Happy Claimants
Prepping an Expert Witness: How Far Is Too Far?
November 2011
Close Attention to Policies Key to Avoiding Cover Fights
First Circuit Holds that Warranty not Exclusive Remedy when Repeated Corrective Efforts Fail
Mediators Should Be More than Traffic Cops!
Attorneys Turn to iPads to Prepare and Question Experts
Wireless Alarms Take Aim at Preventing Copper Thefts
Issues in Handling Professional Liability Claims
Confusion Over Construction Defect Liability Spawns Legal Battles
The Risks Hidden in Construction Specification Formats
Tennessee Supreme Court Addresses Non-Delegable Duties to Subcontractors
Dispute Over Coverage Under Reinsurance Agreement not Subject to Claim for Unjust Enrichment
Be careful with certificates of insurance on construction projects
October 2011
How to Optimize the Value of Inspections
Appraisal is Mandatory in an Insurance Dispute
Contractors May be Liable for Indemnity Obligations Whether Negligent or Not
An Expert Witness Is Above All, Objective
Inconsistency Is the Norm in Construction Liability Coverage
Construction Defect Claim Did Not Harm Homeowner, Court Rules
Seven strategies to manage construction defect risks
Property Loss Cost Containment Strategies: Cheaper Isn't Better
Six Expert Witnesses Banned from Testifying
U.S. Lawmakers Seek to Ban Tainted Chinese Drywall
September 2011
Virginia Court Denies Coverage for Chinese Drywall Claims
Three Cases For The Experts: Disclosure, Deadlines and "Fit" Testimony
Practical considerations to recovery for damages caused by latent construction defects
Strong building codes can save lives
Consumer, but not unlicensed contractor, may enforce arbitration clause
Residents can get federal disaster aid
Between Mediation and Arbitration — Binding Mediation: the Third Alternative
Tennessee High Court hears Botched Home Repair Case
Changes vs. Cardinal Changes: The Limit of Construction Contract Changes
Insurance Lawsuits to Follow Irene
August 2011
Enforcing judgments on construction lien claims in New Jersey
Statutes of Limitations & Construction Litigation
The Occasional Gap Between "Truth" and "Proof"
Connecticut supreme court limits use of malfunction theory in products liability cases
Nevada adopts notice-prejudice doctrine
Court defines "subcontractor" and finds insurance coverage
OSHA announces three-month phase-in for residential construction fall protection
Asbestos Claims on Rise at MetLife
July 2011
Hindsight in bad faith insurance litigation
Eleventh Circuit holds repair of insured's work not covered property damage
Connecticut court holds insurer not entitled to recoupment of defense costs
Property Damage Exclusion Precludes Duty to Defend
Insurance coverage for construction defects
Professional liability risks grow with green construction
Homeowners insurance regulations take effect
E&O for Insurance Agents, Adjusters: Are they More Vulnerable with Coverage?
Chinese drywall settlement for thousands in Florida goes to court Thursday
A list of ways to tackle construction defect cases
Proposed Drywall Settlement Unfair to Victims, Say Attorneys
Construction Law: Legislatures Address Coverage For Defective Construction
New Hawaii Law Seeks to Restore Coverage for Construction Defect Claims
Fixing the construction problem can eliminate insurance coverage
Xactware Releases Aerial Sketch for Xactimate
June 2011
Construction Due Diligence: Sooner Is Always Better than Later
Chinese drywall -- Florida Federal Court rules pollution exclusion does not bar coverage
American Institute of Architects releases AIA Document D503-2011, Guide for Sustainable Projects
Florida Homeowners to Share $55 Million in Chinese Drywall Settlement
Houston Jury Finds for Insurer in $22M Hail Damage Lawsuit
Construction risk management: top 10 issues in construction contracts
Harsh result in dispute over appointed counsel
If Defects Aren't Addressed, Owners Absorb Losses Alone
New Supreme Court decision on design professional tort immunity
Litigating Insurance Coverage for Construction Defect Claims
Treated lumber aims to fight termites, mold
May 2011
Arbitration is the exclusive remedy for disputes over alleged defects in new home
Arizona Supreme Court ruling impacts commercial insurance coverage disputes
The Increasing Importance of Performance Bonds
Florida Gov. Scott Signs Property Insurance Cost Control Bill
OSHA alert — enforcement for residential fall protection begins on June 16, 2011
Oregon Supreme Court declines to reconsider Abraham decision
Overview of the Ch. 558 Process for Property Owners
Replacement Cost Estimating with Xactimate® 27
Building Codes in Effect by State
Florida Judge Rules for Claimant in Drywall Case
Calif. Agents: Tread Carefully When Providing Workplace Safety Advice
One call law limits owner's ability to deny claim for undisclosed utilities
Chartis to Transfer Asbestos Liabilities to National Indemnity Co.
Arch, Liberty Mutual Settle Chinese Drywall Claims Made Against Distributor
Insurance Restoration Specialists, Inc. to Host Insurance Safety Seminar
April 2011
State House to vote real estate insurance bill
Check Out the 2011 Construction Law Update for Construction Cases and Statutes
A Few Notes About the Florida Supreme Court Ruling in Cohn v. The Grand CAI
California contractors can soon be licensed as limited liability companies
AIA Testifies against South Carolina construction defect bill
Sinkhole claims skyrocketing? Well, so are numbers of sinkholes
Connecticut Builders, Fire Officials Spar over Sprinkler Rule
How a Disaster Can Endanger LEED Certification
Landslides: Nuisance or Construction Defect?
Florida’s Top 10 Sinkhole-Prone Counties
April 2011 Price List Update Now Available
March 2011
Senators want hearings on drywall guidelines
Earthquakes, floods, and disasters near and far: policyholders should look for cover in the coverage
Wanted: statutory interpretation
Mediation and Arbitration 101 for Architects, Engineers & Contractors
Georgia Court Holds Insurer Accountable for Contractor's Shoddy Work
What Are the Causes of Construction Defects?
Construction Law: Defective Construction Often An Insurance Issue
The Year 2010 In Review: Design And Construction Defects Litigation
California Builders Do Not Get Two Bites At The Construction Defect Notification Apple
New Fall Protection Rules in Residential Construction
Eighth Circuit clarifies Arkansas law on insurance coverage for defective construction
West Coast Casualty's Construction Defect Seminar
February 2011
Analyzing Coverage For Construction-Defect Liability
Insurers Oppose South Carolina Bill on Construction Defects
A New Construction Defect Case To Sink Your Teeth Into
When Construction Projects Run Into Trouble
Xactware Releases 2010 Property Report for the United States
Seventh Circuit finds coverage for insured contractors that built defective homes
Liening toward clarity: amendments to the Construction Lien Law
South Carolina revisits insurance coverage for defective construction
January 2011
Protecting Against Faulty Workmanship Claims
Ruling worries S.C. contractors: Responsibility for settlements shifts
Choose Your Arbitration Clause Wisely
Tailoring the disputes clause for cost-effective dispute resolution
Chinese Drywall Makers Refusing to Compensate U.S. Homeowners
Connecticut district court grants summary judgment to insurer on bad faith claim
If You Build It, He Will Come (And Sue You)
Drywall insurance coverage still possible
Holy Mau: Florida Federal Court Rejects Continuous Trigger for Chinese Drywall Claims
Construction Defects and Foundation
December 2010
Pennsylvania Supreme Court declares insurance defense costs may not be reimbursable
Insurance coverage for construction defects
Judge rules for insurer in Chinese drywall coverage dispute
Lexington Introduces Spoliation Insurance
November 2010
Additional Insured Endorsement Considerations for GCs
Unexpected faulty workmanship is covered
"Collapse" coverage ensues from excluded perils
Architect-engineer's duty to defend is immediate under construction indemnity clause
Limitations issues in construction law: staged dispute resolution provisions and a word of caution
Homeowners' Associations: New Ruling Supports Compensation for Construction Defects
Lawsuit challenging legitimacy of LEED program could have major implications
Certificates of Insurance: A Risky Business for Additional Insureds?
Xactimate: Powerful Estimation With Ease
Chinese Drywall: Big Damage Claims and Big Insurance Coverage Disputes Ahead
China plays tug-of-war with U.S. over drywall
The role of insurance in mediation
Contractor beware: that "flow-down clause" may not flow as far as you think
October 2010
SC Hurricane Lab Demolishes Houses During Testing
Policy deemed ambiguous as to whether uncovered claims must be reported
A first step in eliminating Chinese drywall
Preserving your lien and contract rights in the bankruptcy context
Homeowner has ultimate burden to identify wind vs. flood damages
Determining the Duty to Defend in a Construction Defect Case
Uponor plumbing brass is construction defect
Homeowners with Chinese Drywall problems entitled to Tax Relief: IRS
It’s Puzzling: Explaining a Statute of Repose for Construction Defects
What Are the Best Tips for Testifying as an Expert Witness?
What Is an Electrical Expert Witness?
September 2010
Recent developments in New Jersey contract law: pay-when-paid and pay-if-paid clauses
Arbitration clauses in CC&Rs and purchase agreement for condo project do not compel homeowners association to arbitrate claims for construction defectsIndoor air quality: basis for constructive eviction?
NAIC reinsurance task force’s “reinsurance collateral reduction and accreditation recommendations"
New Developments in Chinese Drywall Claims -- Summer 2010
Builders may not be at fault - Lower courts make initial ruling on defective drywall
Ruling continues trend of courts strictly construing terms of construction contract
Protecting “Built-In” Trade Secrets
Construction industry impacted by the Miner Safety and Health Act of 2010
August 2010
CGL defense coverage for construction defect pre-litigation
Financial Products That Serve as Alternatives to Reinsurance
Physician links Chinese drywall, premature aging
Mediation of insurance disputes: wise or waste?
Chinese drywall coverage litigation proceeds apace
Duty to Defend Encompasses Pre-Litigation Dispute Proceedings
Xactware Updates Estimation Software
Court Granted Insurer Summary Judgment On Policyholder’s Chinese Drywall Claims
Opening Thoughts on Statutes of Limitations on Construction Projects
EPA targets stormwater discharges on construction sites
Non-Standard Endorsements Can Have Unexpected Consequences
July 2010
Chinese Drywall Remediation Redux
Per Claim Self-Insured Retention
Reviewing insurance provisions for construction contracts
Law on construction trends in the 21st century
Statutes of Limitations on Construction Defect Lawsuits in California
Reserve claims under the Minnesota Common Interest Ownership Act
New Jersey Construction Lien Law Revisions Clear First Hurdle
June 2010
Chinese Drywall News: New Verdict; New Appeal; Insurance Coverage Updates
The Court of Appeal Makes a Bad Call
Chinese Drywall Damages Alleged, Excluded From Homeowner's Policy Coverage
Take the Surprise Out of a Mechanic’s Lien
Insurers Fighting Among Themselves Over Montrose and First Manifestation Endorsements
Chinese drywall maker appeals federal judge's ruling
Chinese drywall ruling does not settle insurance questions
Judge: Policy Didn't Cover Chinese Drywall Damage
Condominium exclusion bars coverage for construction defects
Miami Supplier Knew of Chinese Drywall Problems
Drywall Report: China Samples Worst
Law Offers Alternative In Home Warranty Disputes
Did You Know…You Can Insure Against Non-Payment
May 2010
Insurers target drywall supplier in additional court cases
Pollution Exclusion In Focus In Chinese Drywall Litigation
Hawaii ICA Finds Construction Defects Are Not Occurrences
Beazer Homes settling with Chinese drywall maker
Governor Signs Bill to Limit Construction Defects
Statute of Limitations and the Construction Defect Action Reform Act
Making Claims on Green Buildings
Louisiana Bill Would Ban Chinese Drywall Cancellations
New Orleans federal judge finds for drywall victims
Colorado Bill May Drive Contractors Insurers Out of State
One Sure Way Your Firm Can Become More Successful
Construction Defect Claims: An Update
Reducing Your Risk from Chinese Drywall
Apr. 2010
Making Claims on Green Buildings
Louisiana Bill Would Ban Chinese Drywall Cancellations
New Orleans federal judge finds for drywall victims
Colorado Bill May Drive Contractors Insurers Out of State
One Sure Way Your Firm Can Become More Successful
Construction Defect Claims: An Update
Reducing Your Risk from Chinese Drywall
Green Building Movement Raises Some Construction Defect, Claims Concern
Landmark Katrina Insurance Case Settled
Chinese Drywall Insurance Coverage Lawsuits Sure to Heat Up with First Court Ruling
Louisiana bills would ban drywall cancellations
Chinese Drywall Losses Could Be Significant, But Manageable, Says Moody's
Mar. 2010
Hot Issues in Construction Defects Insurance
Can a Contractor Shift the Risk of Nonpayment to its Subcontractor
Chinese Drywall and Insurance Collide
Insurance Policy For Off Plan Properties
Drywall evidence presents dilema
Architect Not Liable for Economic Loss in Construction Defect Case
The RRP Rule: A Significant Impact on the Restoration Industry
Feb. 2010
High court gets ruling right
Self-Assessment Signs for Chinese Drywall Corrosion
Jan. 2010
Testing the Validity of Assignments
California Court Clarifies Disclosure and Disqualification Rules For Appraisers
Senator moves to stem drywall crisis
New construction project arbitration program launched
Dec. 2009
Football Teaches Tactics Contractors Need
Lawyer Sees Insurer Vulnerability To Drywall Claims
Nov. 2009
Newsletter
Oct. 2009
Nine Ways to Improve Your Company Profits
Sept. 2009
Working Requirements Parallel Baseball Skills
August 2009
Newsletter
July 2009
How to be Proactive Drawing Customers To Your Enterprises
June 2009
Six Ways to Garner One Million Dollars
May 2009
Product Benefits Outrank Actual Product
April 2009
A Bad Customer Experience Can Switch to Plus Business
March 2009
Advise & Consult Columnist Was a Navy Pilot in Vietnam
Jan. 2009
The Longer You Wait To Collect Debts, the Greater Your Losses
Dec. 2008
Company Growth Based on Three Obvious Factors
Oct. 2008
Teamwork a Must To Have Success On Joint Prospects
Sept. 2008
Utilizing Voice Mail Can Reduce Errors
August 2008
Voice Mail Can Be a Powerful Business Tool
July 2008
Increased Profitability Comes from Success In the Little Elements
June 2008
Business Plan a Must For Businesses, Small Or Large, Rich or Poor
May 2008
What Causes Customers To Say ‘Yes’ & Take Action
March 2008
Turn Weaknesses Into Major Strengths
Feb. 2008
If Work is Not Worth Your Time, Let it Go, Find New Profit Idea
Dec. 2007
Job Plan, Training Experience Boost Bottom Line Profit
Nov. 2007
How to be Proactive Drawing Customers To Your Enterprises
Oct. 2007
Strategic Plan Will Make Business More Enjoyable
Sep. 2007
A Bad Customer Experience Can Switch to Plus Business
August 2007
To Win Big Races You Must Enlist The Better Team
July 2007
Why Phones Ring And How You Can Benefit Even More
June 2007
Four Tax Deductions To Save Your Money
May 2007
Rewards + Recognition Generate the Profits To Make Staff Happy
March 2007
Must Ask Heavy Duty Questions to Resolve The Flawed Business
Feb 2007
Back Stabbing Behind A Subject’s Back May Backfire and Hurt You
January 2007
Dozen Key Ways To Generate Vital Business Reports
December 2006
Strong Leaders Have To Think Outside the Box to Achieve Goals
November 2006
Break-Even Analysis Puts Owners on the Pathways to Profits
September 2006
Practice Makes Us Perfect No Matter What the Problem
August 2006
Soft House Building Market Requires Extra Effort by Contractors
July 2006
Firms Can Reduce Human Errors On Sub Par Estimates
June 2006
Expert Offers Free Advice For Leaders
May 2006
Learn to Say ‘No’ And It May Well Help Your Profits
April 2006
Achieving Sustained Profits by Recording Your Financial Goals
March 2006
Contractor Profits And Building Net Worth Are Critical
January 2006
Much Cash Wasted By Installing Wrong Software Programs
December 2005
The Captain Must Run A Tight Ship to Benefit
November 2005
Shopping for New Bank Could Be In Your Best Interest
October 2005
Boosting An Image Can Sweeten Your Profit Opportunities
September 2005
A Lesson Learned At Indianapolis
You Must Have the Right People on Your Team
August 2005
Cash Flow is Like A Copter Landing In a Rough Ocean
Your skills in what I call M.P.& M (marketing, personnel and margin) have truly help me take my company to a growing profitable business. As you know starting with the strategic plan, then marketing plan while constantly making sure we have the right people on the right seats so we can drive the bus where ever we want has set us on a path to achieve the goals we have set for this quarter, year and 5 years.
- Mark N. Gould - Georgia
