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15 Dec, 2008 5:16 pm
... issues, the court reasoned: [C]learly Berklich's two e-mail communications fall short of adequately informing Granite Ridge of the potential policy defenses and
Harleysville's potential conflict of interest given its likely control over ... citing Royal Ins. Co., 582 N.E.2d at 1239). Id. at *8. A bare notice of a reservation of rights is
inadequate information to inform the insured of a potential policy defense so that it can "intelligently choose" between retaining its
own counsel and accepting the ...
7 Nov 12:18 pm
... [the contractor] was permitted to exercise its discretion." The Court stated succinctly: "[The contractor] was permitted to terminate only if, in its discretion, it determined that
continuing with the subcontract would subject it potentially to a meaningful financial loss or some other difficulty in completing the project successfully." *The case contains an
informative explication of the history and evolution of the concept of "termination for convenience." The full opinion is available in PDF.
12 Feb, 2008 5:48 am
... Co. case and case number. according to its website. Wheeler's offers professional builders the convenience of 15 distribution facilities throughout Metro Atlanta, North
Georgia, Birmingham, Alabama ... /2008 Entered: 02/11/2008 08-40402-pwb 11 Madison Builders' Supply, Inc. Filed: 02/11/2008 Entered: 02/11/2008 08-40403- ... litigation.
Scott has represented Chapter 11 debtors, creditors, trustees and other interested parties in bankruptcy cases and bankruptcy litigation. For more information, click here.
9 Jun, 2007 6:27 am
... et seq. This was the recent ruling of the Michigan Supreme Court in Liss v Lewiston-Richards, Inc, 478 Mich 203; 732 NW2d 514 (Mich Sup Ct, June 6 ... permitted homeowners to
sue home builders under the Michigan Consumer Protection Act. The full text of Liss v Lewiston-Richards, Inc can be found here. Comment: ... residential construction), the
only other way to recover attorney fees is by statute. For More Information Since the facts of each case are unique, this update cannot be
taken as legal advice. ...
6 May, 2006 5:21 am
... reported legal decisions, the most common set of circumstances leading to criminal prosecution is the misappropriation of funds by a residential builder, which leaves
subcontractors and suppliers unpaid, and homeowner's property subject to construction liens. ... bankruptcy, but it does require that a creditor take affirmative steps to exclude a
claim from discharge. For More Information Since the facts of each case are unique, this update cannot be taken as legal advice. For more
information about ...
17 Jan, 2007 2:01 pm
... being held liable. In Kennedy v. Columbia Lumber and Mfg. Co., Inc., 384 S.E.2d 730 (S.C. 1989), the South Carolina Supreme Court ... agree to a lower standard of work than
the industry standards or building code requires, the builder could still face liability from subsequent purchasers who did not agree to the lower ... two parties, can result in
the builder's liability to a subsequent purchaser. This site and any information contained herein is intended for informational
purposes only and should not ...
2 Sep, 2008 7:20 pm
... has plaintiff-friendly laws in the context of construction defect litigation. Even so, the gravity of claims made against builders for alleged defects typically has a direct
correlation to relatively known and controllable factors, i.e. their ... aluminum windows" to refer only to the glass or to the entire window unit. Recently in Matera et. al. v.
M.G.C.C. Group, Inc. et. al., a defendant bank concealed information from a local planning board regarding drainage problems connected
to land it was ...
5 Feb, 2007 3:58 am
... non‑dischargeable under 11 U.S.C. § 523(a)(4). Judge Shefferly, in Conquest Construction, Inc. v. Cicero, 06-4852-PJS (Bankr. E.D. Mich., November 30, 2006)(opinion ... or
other limited-liability business organization." For the full text of this article, see: [www.michbar.org] For More Information Since the facts
of each case are unique, this update cannot be taken as legal advice. For more information about the Michigan Builder's Trust Fund Act
and how it might affect you or your business, please ...
11 May 6:41 pm
In MW Builders, Inc. v. Safeco Ins. Co. of America, District Court Judge Haggerty held that an insurance company must bear the burden of establishing which portions of an
arbitration award were reasonably allocable to covered ... "calculate what portion of the $620,000 award is attributed to the hotel damage claim, excluding the EIFS repair claim." Based
on information submitted by the parties, the Magistrate Judge issued a Findings and Recommendation that MW Builders was entitled to
recover 60% of ...
5 Aug 12:00 am
... , White and Cridlebaugh disputed whether the excavation was in accordance with the plans. White also contended that the JC Master Builders, Inc. (a general engineering
and building contractor operated by Cridlebaugh) had substantially exceeded the budget for site ... for its work, no matter how competently it is performed and no matter if the property
owner is fully informed of the contractor's unlicensed status. This case illustrates the need for those in the construction business to understand the ...
17 Aug 10:44 am
... Joseph Bono, President) 180 Fitness, Inc. (Springfield, MA; Jesse Baker, President) 1ntact Information Security Solutions,
Inc. (Templeton, MA; Scott Lashua, President) ... Framingham, MA; Renuka Patel, President) Abe's Complete Auto Service, Inc. (Cambridge, MA; Eddie Lakkis, President)
Abington Community Access And Media ... Charles Goldman, President) Applied Cleaning Solutions, Inc. (Worcester, MA; Howard Gordon, President) Aquamarine Builders,
Inc. (Edgartown, MA; Steven Ewing, President) Aquamarine ...
12 Sep, 2008 9:23 pm
... Richard A. Scully issued his decision Oct. 26, 2007. *** Jerry Ryce Builders, Inc. (13-CA-43917, 43918; 352 NLRB No. 143) Chicago, ... Bogas issued his decision April
25, 2008. *** Post Tension of Nevada, Inc. (28-CA-21579; 352 NLRB No. 131) Phoenix, AZ, Aug. ... alternative findings that the lockout was motivated by antiunion animus and that
the Respondent unlawfully failed to inform the Union of the conditions for ending the lockout. Finally, in finding that Respondent Wayneview unlawfully assisted ...
9 Jan 7:00 am
... Focus AG v Office de l'harmonisation dans le marché intérieur, Information Builders (Netherlands) BV (Class 46) OHIM Fourth Board of
Appeal decision on ... : Allegations that specific references were withheld sufficient for inequitable conduct claim: UTStarcom, Inc v Starent Networks, Corp (Chicago
Intellectual Property Law Blog) District Court ... finds trade dress claims trigger insurer's duty to defend: Australia Unlimited, Inc v Hartford Casualty Ins. Co (Seattle
Trademark Lawyer) District Court N D ...
18 Jan, 2008 3:01 am
... al filed 06/07/07 1:07-cv-03248 Goss International Americas, Inc. v. A-American Machine & Assembly Co. filed 06/08/07 1:07 ... 11/07 1:07-cv-05180 American Medical
Association v. Practice Management Information Corporation filed 09/13/07 closed 09/27/07 1:07-cv ... 1:07-cv-06752 Compliance Software
Solutions, Corporation v. Moda Technology Partners, Inc. et al filed 11/30/07 1:07-cv-06843 Gottlieb et ... et al filed 12/28/07 3:07-cv-50030 Northgate Builders,
Inc. v. Knuckey et al filed 02/20/07 closed 12/ ...
13 Jun, 2007 10:31 am
... appeal the trial court's dismissal of their Complaint against Southern Developers, Inc., John G. Brinkworth, Inc., Brinkworth Builders, Inc., Dan
Cristiani Excavating, Inc., Dan Cristiani, John G. Brinkworth, and John G. Brinkworth, ... or purchase the home and sue before the six-year statute of limitation expires. In
cases where the prior owner fails to inform the subsequent purchaser of the defect and the defect is otherwise hidden, the subsequent purchaser will have a cause of action
against the ...
30 Aug, 2007 9:57 am
... law, which applies here, an amendment to a complaint relates back when the original complaint " 'furnished to the defendant all the information necessary ... to prepare a defense to the claim subsequently asserted in the amended complaint' " (citing Boatmen's National Bank of Belleville v.
Direct Lines, Inc., 656 N.E.2d 1101, 1107 (Ill.1995)); see also Phillips v. ... .' " Boatmen's, 656 N.E.2d at 1107; Pierce v. Joe Keim Builders, Inc., 653 N.E.2d
928, 931 (Ill.App.1995) (citations ...
24 Jul, 2008 10:00 pm
... , 667 A.2d 396, 403 (Pa. Super. 1995) (ruling manual inadmissible). Informal agency policies - Jones v. Otis Elevator Co., 861 F.2d ... A.2d 1202, 1209 (Del. 1997); Alabama
Power Co. v. Marine Builders, Inc., 475 So.2d 168, 177 (Ala. 1985) (privately set ... N.E.2d 747, 749 (N.Y. 2005); Wal-Mart Stores, Inc. v. Wright, 774 N.E.2d 891,
894 (Ind. 2002); ... regulations are irrelevant to establish an earlier duty of care"); Oberreuter v. Orion Industries, Inc., 398 N.W.2d 206 (Iowa App. 1986) (subsequent CPSC ...
20 Jul 1:03 am
... by State Court Raisable In Another Jurisdiction Having Longer Limits Statute Cloverleaf Realty of New York Inc., plaintiffs-appellants v. Town of Wawayanda,
defendants-appellees NEW YORK COUNTY Contracts Plaintiff Granted Specific ... Found; Complaint Dismissed Ashby v. David Builders Inc. ESSEX COUNTY Criminal Practice D.A.'s
Application for Exoneration of Bail Denied; Lacked Authority to File Prosecutor's Information People v. George C. Reeves III U.S. DISTRICT
COURT SOUTHERN DISTRICT OF NEW YORK ...
20 Mar 1:47 am
... without restraints, absent an articulated security risk." Czar Inc. v. Heath CONSUMER PROTECTION - Home Improvements "The contractor, which neither acted as the general
contractor nor qualified as a builder of new homes, was engaged in the business ... disclosure of the confidential agreement it reached with an employee to settle her sexual
harassment lawsuit." Iron Mountain Information Management Inc. v. City of Newark LAND USE - Redevelopment - Notice "A commercial tenant
is not entitled in the ...
22 Jul, 2008 7:54 pm
... Richard and Gene Julian) who served as officers and directors of three different family-owned businesses, including Benchmark Builders, Inc. ("Benchmark"). The
relations among the three brothers deteriorated over the forty years they worked together, fueled by Francis and ... scrupulous inherent fairness of the bargain" will expose the
decision to a court's entire fairness review and risk disgorgement of the compensation awarded. For further information, please contact John
Stigi at (213) 617-5589.
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