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…
Gravel2Gavel Construction & Real Estate Law Blog
Light at the End of the (PortMiami) Tunnel – Harriet Reaches Watson Island
THE QUESTION: (A question pondered as far back as October 1981.) What do you do when the only way for 16,000 cars to get from point A to point B each weekday is to go through congested streets of downtown Miami? THE ANSWER: The Port of Miami Tunnel (POMT) –…
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…
Friday Favorites
New York is back and better than ever. Construction crews hoist a 408-foot spire atop One World Trade Center that once fully installed will stand a symbolic 1,776 feet high. Finally, a home that pays for itself. Construction to begin on Dubai’s “Sustainable City” in July. Researchers propose new technology…
Who’s picking up good vibrations?
Don’t worry. That shaking you feel isn’t an earthquake. It’s the construction of the new Tappan Zee bridge across the Hudson River north of New York. I’m kidding of course. Construction on the $3.9 billion project hasn’t even started yet, but much of the geotechnical work, not to mention the…
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…
Friday Favorites
Video animations of construction projects are always fun. But this metamorphosis of Rio de Janeiro is quite amazing. Meanwhile, architects are taking “building skin” to a whole new level – and proposing a building in Dubai that grows its own skin! And over in Mexico, while this building may not…
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…
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…
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,…