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Recent Posts

MISTAKES HAPPEN BUT COURTS NOT HERE TO REWRITE BAD CONTRACTS

Posted on 23 August, 2020
Mistakes happen.  Mistakes even happen in the formation of a contract. The two types of mistakes are mutual mistake and unilateral mistake.  Both can give rise to the reformation or rescission of a contract, although through a clear and convincing standard of evidentiary proof. With a mutual mistake, reformation of the contract...

ALLEGING PROPERTY DAMAGE IN CONSTRUCTION DEFECT LAWSUIT

Posted on 22 August, 2020
When there is a construction defect lawsuit, there is an insurance coverage issue or consideration.  As I have said repeatedly in other articles, it is all about maximizing insurance coverage regardless of whether you are the plaintiff prosecuting the construction defect claim...

DON’T DO THIS WHEN IT COMES TO CONSTRUCTION LIENS

Posted on 9 August, 2020
When it comes to preparing and recording a construction lien, this case is an example of what NOT TO DO!   I mean it -- this exemplifies what NOT TO DO!  It is also a case study of why a party should always work with counsel in preparing...

SEPARATION OF INSUREDS PROVISION IN CGL POLICIES

Posted on 1 August, 2020
CGL policies contain a “Separation of Insureds” provision.  This provision oftentimes states:

Except with respect to the Limits of Insurance, and any rights or duties specifically assigned this Coverage Part to the first Named Insured, this insurance applies:

1. As if each named insured were the...

CONSTRUCTION DEFECT DAMAGES: BENEFIT-OF-THE-BARGAIN OR RELIANCE RECOVERY

Posted on 27 July, 2020
In the preceding article, I discussed a case where an owner sued its contractor and design professional for construction defects and design defects that contributed to the same damage.   There was a valuable discussion in this case as to the measure of damages in...