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07.29.2019 // CONSTRUCTION LAW WATCH
Decoding (Mind-Numbing) Software Agreements: Part 4
In the fourth part of this series on decoding EULAs, we move onto limitation of liability.  As discussed previously, the EULA is the agreement containing the terms the user of a software program agrees to abide by in using the software.  To start with we will review a limitation of liability I recently saw in...
07.22.2019 // CONSTRUCTION LAW WATCH
Decoding (Mind-Numbing) Software Agreements: Part 3
In the third part of decoding EULAs, we focus on support terms also known as updates or modifications.  As discussed previously, the EULA is the agreement containing the terms the user of a software program agrees to abide by in using the software.  Below are examples, that have been included in recent software agreements: “Company...
05.29.2019 // CONSTRUCTION LAW WATCH
Decoding (Mind-Numbing) Software Agreements: Part 1
Software has become an integral part of the construction world and its use is only growing. There are hundreds of software providers for project management systems, estimating, schedule tracking, BIM, accounting, project portal, dropbox, cloud service providers, the list goes on and on. Typically, users of software are handed a lengthy agreement and asked to...
04.11.2019 // THE POLICYHOLDER REPORT
Insured wins because “decay” and “rot” don’t have to mean the same thing
Earlier this week, the Washington Court of Appeals affirmed the bedrock principle in insurance-coverage cases that insurers will always lose when a genuine ambiguity controls whether an insurer will have to pay a claim. The ambiguity in this case arose both from lexicographers’ habit of capturing nuances in writing dictionary definitions of “decay,” and the...
03.26.2019 // CONSTRUCTION LAW WATCH
Oregon HB 2661 and Unintended Consequences
The law of unintended consequences theorizes that the actions of people – especially government – often have effects that are surprising or unplanned. The idea of unintended consequences is generally traced back to English philosopher John Locke. In 1692, in a letter to Sir John Sommers, a member of England’s Parliament, Locke counseled the defeat...
12.28.2018 // THE POLICYHOLDER REPORT
Middle District of Florida reaffirms broad duty to defend contractors in construction-defect litigation
On December 18, 2018, the United States District Court for the Middle District of Florida held that the “property damage” requirement and the “Damage to Your Work” and “Exterior Finishing System and Stucco” exclusions were insufficient to relieve an insurer of its duty to defend its insured in a construction-defect action. In Southern Owners Ins....
11.14.2018 // CONSTRUCTION LAW WATCH
A Long Time Ago, In a State Far, Far Away: How Does Another State’s Statute of Repose Affect a Product Liability Claim filed in Oregon?
Project owners and contractors often face challenges when defective building materials are used during construction. Bad building products can throw an entire construction project off kilter and, of course, can lead to litigation. Questions for the lawyer can abound. Is the contractor to blame for using the bad product? What if the project owner or...
10.05.2018 // THE POLICYHOLDER REPORT
Florida Court of Appeals creates hurdles to assignment of benefits
Last month, the Florida Court of Appeals for the Fourth District weakened assignment-of-benefits claims after it held that an insurer may require all insureds and mortgagees to provide written consent prior to executing an assignment of benefits agreement. In Restoration 1 of Port St. Lucie v. Ark Royal Ins. Co., Liza and John Squitieri’s home...
09.27.2018 // THE POLICYHOLDER REPORT
Florida Supreme Court strengthens policyholders’ bad-faith claims
Last week, a divided Florida Supreme Court strengthened policyholders’ bad-faith claims against insurers by overturning an appellate court’s decision, finding that the lower court had misapplied Florida’s well-established bad-faith precedent and had relied on inapplicable federal case law. In Harvey v. GEICO General Insurance Co., James Harvey was involved in an automobile accident that resulted...
09.25.2018 // CONSTRUCTION LAW WATCH
Recent Oregon Supreme Court Case Involving Medical Negligence May Have Far-Reaching Impact On Discovery In Construction and Design Defect Cases
Last month’s Oregon Supreme Court decision in Ransom v. Radiology Specialists of the Northwest, 363 Or 552 (2018) will likely have far-reaching impacts on how discovery is conducted in construction defect cases in Oregon. Ransom involved a plaintiff’s claim for alleged medical negligence case against two of the plaintiff’s former radiologists for alleged failure to...