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Gravel2Gavel Construction & Real Estate Law Blog

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NY 1st Department Affirms Duty to Defend Freezer Manufacturer for Unfrozen, Ruined Cakes Under CGL Policy

Last month New York’s Supreme Court, Appellate Division 1st Department affirmed the Supreme Court, New York County’s decision granting partial summary judgment in favor of an insured freezer manufacturer, I.J White Corp., which sought defense and indemnity under a CGL policy for claims against it brought by Hill Country Bakery…

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That’s not what I meant either! — Ambiguous drafting thwarts (one party’s version of its) intent, again

A few weeks ago I posted about an Eighth Circuit case that once again illustrated how, despite the drafter’s precision carrying the day most of the time, sometimes a litigator’s creativity can trump it. Well, it’s happened again. And again the issue is whether a dispute between and insured and…

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Another Frye bites the dust — Florida moving toward Daubert

OK, this post isn’t about construction. But it is about law–civil procedure, to be precise. Anyone who has been through a trial knows how much persuasiveness expert witnesses can have, particularly with juries, but with judges and arbitrators as well. It’s been 20 years since the U.S. Supreme Court started…

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P3s and America’s Ports

In a previous post, we reported that the American Society of Civil Engineers (“ASCE”) released its 2013 Report Card for America’s Infrastructure. America’s cumulative GPA for infrastructure was a D+. One of the categories in this report focused on ports, which received a C grade. Now a new report goes…

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That’s not what I meant! The drafter’s (apparent) intent thwarted again.

I occasionally give a presentation called “That’s not what I meant!” which is subtitled “Usually the drafter’s precision carries the day, but sometimes the litigator’s creativity trumps it.” Our legal system generates seemingly endless material for this presentation and last week the Eighth Circuit gave us more in Union Electric…

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Sandhog view of New York’s Second Avenue Subway Line

For a visual tour of the construction of New York’s Second Avenue Subway line, the Big Apple’s first major expansion of its subway system since 1932, check out CBS Sunday Morning’s video, NYC’s subway, still under construction. Amidst the obligatory interviews on the surface with planners, engineers, and inconvenienced neighbors,…