Archive for November, 2012

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Massachusetts Court States Subcontractor’s Waiver of Claims Against Payment Bond Violates Public Policy

This case raises the question whether a subcontractor providing labor or materials to a public construction project for which a payment bond has been obtained by the general contractor pursuant to a statutory provision, may, by private agreement, forgo its …

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Cars

Self-driving Cars: The Next Revolution

According to a message from Gary Silberg and Richard Wallace,For 125 years the automotive industry has been a force for innovation and economic growth. Now,

construction area

Payment of Monies to Contractor Instead of Escrow Account Does NOT Discharge Surety

Court states…  “Cases in which a surety’s obligations have been discharged generally involve a project owner prepaying or overpaying on a contract to such an extent

Hospital

Assignment Provision Held Unenforceable

Supreme Court of Kentucky holds that the assignment provision in a Builder’s Risk Policy which requires the insurer’s consent before assignment is unenforceable when a loss

Apps

Are Your Apps Spying On You?

Kevin J. O'Brien, New York Times, says, “What is going on, according to experts, is that applications like Angry Birds and even more innocuous-seeming software, like

House

Second Buyers Have Same Implied Warranty of Habitability as Original Buyers in Claims for Construction Defects

The Pennsylvania Court stated… “it is still the plaintiff’s burden to show that the alleged defect is latent, attributable to the builder’s design or construction, and

Risk

Survey on Enterprise-wide Cyber Risk Management Practices

“Advisen Ltd has administered a survey sponsored by Zurich to gain insight into the current state of and ongoing trends in information security and cyber liability

Grain Bins

Claims for Defective Workmanship Are Not Covered By CGL

Because claims for faulty workmanship are not accidental or fortuitous, the Ohio Supreme Court held that the Commercial General Liability Policy did not provide coverage alleged

Healthcare

What Happens with Healthcare now that the Election is over?

Prior to the election, much of the health care reform was in a holding pattern.  With Republicans pledging to repeal the law, many took a wait

Flood

Employees Paid When Business Closed Temporarily?

Weather related events can wreak havoc on homes and business, as evidenced by Superstorm Sandy.  When businesses are forced to close temporarily, what happens to the

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