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Declaratory Judgments Construction Litigation

Spilman Thomas & Battle, PLLC

NC Court of Appeals Clarifies How Insurers’ Duties to Defend and Indemnity Are Triggered in Atypical Employment Relationships

The Court of Appeals’ opinion in N.C. Farm Bureau Mut. Ins. Co. v. Young, (No. COA24-594) addresses how a court is likely to assess the duty to defend and the duty to indemnify under an insurance contract, and the interplay...more

Davis Wright Tremaine LLP

How Can an Owner Discharge a Mechanic's Lien After It Expires?

Mechanic's liens, once filed, must be enforced by the lien claimant filing a lawsuit to foreclose on the lien. In California, the time for enforcement of a lien is 90 days; in Oregon it is 120 days. In Washington, a lien...more

Troutman Pepper Locke

Federal Court Finds That Ambiguous Limitation-of-Liability Clause Did Not Clearly Restrict Owner’s Claims

Troutman Pepper Locke on

DAK Americas Mississippi, Inc. v. Jedson Engineering, Inc. et al, No. 1:18cv31-HSO-JCG, 2019 BL 208838 (S.D. Miss. June 6, 2019) - This dispute arose out of the design and construction of a concrete storage slab at DAK’s...more

Troutman Pepper Locke

Claim Of Fraudulent Inducement Of A Construction Contract Does Not Invalidate Arbitration Clause In That Same Contract

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Koudela v. Johnson & Johnson Custom Builders, LLC, 2017 Ohio App. Lexis 5800 (December 29, 2017) - In this case, Nicolas and Monica Koudela (the “Koudelas”) entered into a construction contract with “Johnson & Johnson...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: AC37588 - Prime Locations of CT, LLC v. Rocky Hill Development, LLC - When a commercial condominium unit owner’s association refused to grant their approval for a...more

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