Developers got a significant win in California last week when the California Supreme Court held that an arbitration provision contained in a recorded instrument bound a homeowners association, despite the fact that the homeowners association did not exist when the instrument was recorded and thus had no opportunity to negotiate…
Gravel2Gavel Construction & Real Estate Law Blog
G2G Friday Favorites – Aug 16
Welcome to Washington DC. Federal officials claim the board overseeing the Metrorail line to Dulles is “dysfunctional, out of control and secretive.“ When art meets building. Local artists brought in to beautify a Minneapolis construction site during renovation . Wonder how much replacement ink cartridges cost. A professor from USC…
The Efficiency of the South Moves North — Charming, Isn’t It?
One of John F. Kennedy’s best quotes was noting that “Washington is a city of Southern efficiency and Northern charm.” When it comes to Public Private Partnerships, things have turned around in the last 50 years. The South leads the way in P3’s with Virginia, Florida and Texas being notable…
The Green Olympics
The Olympics are in full swing, with the world’s attention on the playing fields and pools dotting the United Kingdom. But how about the venues themselves, how green are they? The London Organizing Committee planned the Games with a green tint, focusing on sustainable principles for everything from stadium construction,…
Illinois Finds Coverage for Additional Insured Despite Lack of Coverage for Named Insured Engineer Under Professional Services Exclusion; California Finds Fire-Sale Pricing of High End Goods May Trigger Personal Injury Coverage for Trade Disparagement
Illinois and California appellate courts recently issued two policy-holder favorable decisions. In both cases, the trial court had granted summary judgment in favor of the insurance company and denying coverage, and in both cases the trial court decisions were reversed. In the Illinois case, Patrick Engineering, Inc. v. Old Republic…
G2G Friday Favorites – July 27
Form over function gone too far? Ticket-holders in some seats in The London 2012 Aquatic Center will get a refund because “the angle and curve of the aquatic centre roof” obscures the views of divers. The building was designed by Zaha Hadid, who denies that the design is the reason…
Green Construction, Through the Roof
Throughout the world, the popularity of “green roofs” is on the rise. ENR.com reports that green roofs are being used to mitigate various environmental problems facing urban areas, most notably, storm water management. According to the EPA, green roofs also help combat a problem known as “Heat Island Effect” by…
G2G Friday Favorites – July 20
Time to revise the game plan. New Jersey officials re-evaluate planned infrastructure projects in light of Super Bowl 2014. Bottom line: be prepared for some gridlock. Oh, and bundle up since this will be the first ever outdoor Super Bowl in a cold-weather city. There’s an app for that! Bluebeam…
Wisconsin Holds That Insurer’s Failure to Reserve Rights Does Not Waive Its Ability to Deny Coverage Based on Coverage Clause
It is the rule in many jurisdictions that an insurer which assumes defense of its insured without issuing a reservation of rights can be estopped from later denying coverage based on rights or defenses in the insurance contract. This general rule was rejected by the Supreme Court of Wisconsin in…
California High Speed Rail Moves a Step Forward
On July 6, the California State Senate narrowly approved the use of $4.5 billion in proceeds from state Proposition 1A bonds for transportation projects. Governor Jerry Brown is expected to sign the bill into law. Full text of the bill can be found here. Senate Bill 1029 is intended to…