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New York Law Journal

Litigation

In this Special Report: "The Business Case for Opting Out of High Value Class Actions," "Welcome Clarity: The Priority of Coverage in Construction-Accident Cases," "What Is a Special Master? The Use of Special Masters in New York Courts," "Bankers Beware: The Judicial Divide Over Customary Investment Banking Fees" and "Modern Real Estate Financing Subject to Ancient 'Clogging' Challenges."
2 minute read

New York Law Journal

Welcome Clarity: The Priority of Coverage in Construction-Accident Cases

We were overdue for a decision clarifying the roles of the employers-liability and excess carriers in a case involving a "grave injury." In 'Bosquez v. RXR Realty', the First Department helpfully offered one.
6 minute read

The Legal Intelligencer

$15.5M Award for Construction Worker Burned by Electric Shock

A construction contractor involved in an apartment development project is on the hook for a $15.5 million verdict to a member of a tree-removal crew who sustained electrical burns while on the job.
3 minute read

Daily Business Review

Cole, Scott & Kissane Defending Suit Alleging Insurer Wrongly Issued Certificate to Construction Company

This lawsuit was surfaced on Law.com Radar. Read the complaint here.
1 minute read

Daily Business Review

Safety Concerns, Evacuations Threaten the Future of Some of South Florida's Iconic Oceanfront Condo Buildings

"Unfortunately, you have way too many older buildings in Dade, Broward and Palm Beach County that have been self-managed for way too long, and, in essence, kicking the can down the road," said Greg Main-Baillie, who leads Colliers' new condo restoration division.
6 minute read

The Legal Intelligencer

Building Greener: How to Navigate Pennsylvania's Eco-Friendly Initiatives

Green building and sustainable development practices are now important considerations for design and construction projects in Pennsylvania. Fortunately, Pennsylvania is one of many states to embrace the concept of green building with recent legislation creating financing incentives for renewable energy improvements to commercial real estate.
7 minute read

New York Law Journal

The 'Forbidden Conduct' Defense: Is It a Subset of the 'Sole Proximate Cause' Defense or an Entirely Different Animal?

Are these really "sole proximate cause" defenses or are they an entirely different animal? That threshold question, which may or may not give rise to the same answer for all three variants of the Forbidden Conduct argument, matters.
24 minute read

The Legal Intelligencer

Philadelphia Jury Hands Up $15.5M to Worker Burned by Electric Shock

Defendant Vito Braccia Construction LLC could have avoided the Oct. 28 verdict if it had agreed to the plaintiff's earlier demand to be compensated at the company's $2 million insurance policy limit, according to the plaintiff's lawyers with Saltz Mongeluzzi & Bendesky.
3 minute read

Daily Business Review

Miami IBA on Real Estate: The Challenges of Investing in Infrastructure Projects in Developing Countries

As many governments hire foreign contractors for projects, that can create issues such as cultural differences, lack of financing from lenders and a difference in laws, which can lead to disputes and project delays.
4 minute read

Daily Business Review

Hurricane Ian's Lucrative Cleanup Deals Generate New Storm

Contractors who remove debris and perform post-storm repairs are fighting over local government contracts that could be worth tens of millions in tax dollars.
5 minute read

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