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Recent Posts

GENERALLY, WHAT CONSTITUTES A TRADE SECRET IS A QUESTION OF FACT

Posted on 25 December, 2020
In construction, contractors maintain competitiveness by compiling, combining, utilizing, or developing proprietary and unique systems.  The systems can be from a cost standpoint (determining general conditions or general requirement costs and percentages including percentages for insurance) or can be with respect to certain construction assembly or delegated design...

QUICK NOTE: DISCRETION IN DETERMINING PREVAILING PARTY FOR PURPOSES OF ATTORNEY’S FEES

Posted on 20 December, 2020
In prior articles I have discussed that courts apply the significant issues test to determine the prevailing party for purposes of being entitled to attorney’s fees.   A party that recovers an affirmative judgement is NOT the de facto prevailing party for purposes of an entitlement to...

SPECIFIC PERFORMANCE: EQUITABLE REMEDY TO ENFORCE AFFIRMATIVE OBLIGATION

Posted on 19 December, 2020
When a party breaches an agreement, particularly when dealing with real estate, there is an equitable remedy known as specific performance that requests the trial judge issue an order to affirmatively force the breaching party to perform, i.e., close on the real estate contract.   You are asking the court to...

BURDEN SUPPORTING TERMINATION FOR DEFAULT

Posted on 12 December, 2020
Terminating a contractor for default is a “‘drastic sanction’ and ‘should be imposed (or sustained) only for good grounds and on solid evidence.’” Cherokee General Corp. v. U.S., 150 Fed.Cl. 270, 278 (Fed.Cl. 2020) (citation omitted).    This is true with any termination for default because terminating a contract...

READ THE PROPERTY INSURANCE POLICY TO BE SURE YOU ARE COMPLYING WITH POST LOSS OBLIGATIONS

Posted on 5 December, 2020
I have discussed this before in prior postings, but it is worth repeating.  It is imperative for an insured to comply with post loss obligations in a property insurance policy.  Not doing so gives the insurer the argument that its insured forfeited coverage under the policy.  Naturally, this...