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So, what’s the big deal if you’re a little “late” in giving your insurer notice of the claim or lawsuit against your company?  That’s the question, albeit in essence, that the Ninth Circuit has posed to the California Supreme Court recently in an Order Certifying Questions, Pitzer College v. Indian Harbor Insurance Co.

Specifically, the Ninth Circuit is asking for legal insight as to the following:Policy

1. Is California’s common law notice-prejudice rule a fundamental public policy for the purpose of choice-of-law analysis? May common law rules, other than unconscionability not enshrined in statute, regulation, or the constitution, be fundamental public policies for the purpose of choice-of-law analysis?

2. If the notice-prejudice rule is a fundamental public policy for the purpose of choice-of-law analysis, can a consent provision in a first-party claim insurance policy be interpreted as a notice provision such that the notice-prejudice rule applies?

In a ruling supporting common sense, the Idaho Supreme Court ruled that a county could not avoid the application of a broad force majeure clause in its development agreement with a developer based on the county’s denial of the rezoning required for the very development.

The key facts in Burns Concrete, Inc. v. Teton County…

The status of infrastructure throughout the United States, and the need to expand and rebuild facilities, is often in the news. Funding these improvements remains a challenge, but when funding is identified, the government often has to acquire private property. If the government and the property owner are unable to reach agreement, the acquisition may…

On March 24, 2016, the Occupational Safety and Health Administration (“OSHA”) issued its final rule related to admissible exposure to respirable crystalline silica. The new rule, which dramatically reduces the permissible exposure limit (“PEL”) of respirable crystalline silica from 250 micrograms per cubic meter of air to 50 micrograms per cubic meter of air (an…

Many development projects have a federal connection — such as a federal permit or grant — that triggers compliance with Section 106 of the National Historic Preservation Act.  Section 106 requires the approving federal agency to assess the impacts of the development on properties that are listed or eligible for listing on the National Register…

In the midst of a serious California drought, water concerns have brought with it a rise in well drilling.  Today, the California Contractors State License Board sent out a timely reminder that C-57 well drilling licensees in the Central Valley must register portable internal combustion engines of 50 horsepower or greater used to power drilling…

Authored by Daniel Lee

On March 6, 2014, EPA revised its Clean Water Act regulations for construction projects that are required to obtain NPDES permits for discharges of stormwater and other wastewater. The revised regulations clarify required management practices and provide some additional flexibility for implementing them. The revisions include three elements.

First, the rule provides a…

On September 26 and 27, 2013, The Seminar Group will present its 18th Annual Oregon Construction Law seminar in Portland, Oregon. I will be speaking about Integrated Project Delivery, which is an emerging project delivery method emphasizing collaboration among project participants. Three of my partners also will be presenting: Guy Randles, program co-chair, will speak …

On September 20 & 21, 2012, The Seminar Group will present its 17th Annual Oregon Construction Law seminar in Portland, Oregon. I will be speaking at the seminar about frequently negotiated provisions in owner-contractor and owner-architect agreements, including waivers of consequential damages, indemnification, insurance, warranties and claims. Two additional Stoel Rives’ partners will be speaking…