Law School Toolbox Podcast Episode 497: Listen and Learn -- Incidental, Reliance, and Restitution Damages (Contracts)
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Bar Exam Toolbox Podcast Episode 295: Listen and Learn -- Incidental, Reliance, and Restitution Damages (Contracts)
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Beyond Regulations: Hospice Business Contracts and Contract Disputes
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Bar Exam Toolbox Podcast Episode 119: Listen and Learn -- Anticipatory Repudiation (Contracts)
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On April 16, the Massachusetts Supreme Judicial Court (SJC), in Trustees of Boston University vs. Clough, Harbour & Associates LLP, held that contractual indemnification claims, arising from negligence, were not precluded by...more
South Carolina contractors need to be aware of a recent decision by the South Carolina Court of Appeals that clarifies the landscape for indemnity provisions in contracts and introduces critical consideration regarding the...more
Statutes of limitations and statutes of repose, when applicable, can provide time-based defenses that will bar a complaint filed against contractors and design professionals, whether the claim is based in contract or in...more
The West Virginia Supreme Court of Appeals recently reversed, in part, and affirmed, in part, a lower court decision regarding dismissal of contractual indemnity and implied indemnity claims. WW Consultants was the design...more
The rule of thumb in Washington state has been that contractors and developers cannot be held liable in negligence for construction defects.However, an unpublished decision filed December 12, 2022, by the Washington Court of...more
The UK Supreme Court recently handed down a highly anticipated judgment on the interpretation of clauses which pertain to liquidated damages and limitations on a contractor’s liability for damages. Most notably, the Supreme...more
Liability in the construction process is usually determined and allocated by contract. It is quite common for construction contracts to contain indemnity provisions requiring one party to defend and reimburse the other...more
The Holding - In Teufel v. Am. Family Mut. Ins. Co., 244 Ariz. 383, 419 P.3d 546 (2018), the Arizona Supreme Court recently held that a Contractual Liability Exclusion in homeowner policies did not apply to a claim for...more
When indemnity is mentioned, most owners, designers and contractors think of protection from third party claims asserted by parties with whom they have no contractual privity. However, depending on the language used,...more
FLORIDA FEDERAL CASES - - Contribution, Equitable Subrogation, and Breach of Contract – Insurer adequately alleged elements of contribution, equitable subrogation, and breach of contract claims in construction defect...more