Waiver
Waiver of Arbitration Right Does Not Require Prejudice
May 24th, 2022
The U.S. Supreme Court, in a unanimous decision, has held that waiver of the right to arbitrate should not be based on prejudice to or detrimental reliance by the party opposing arbitration. This will significantly affect the ability of a party to co…
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Categories: Arbitration
Equitable Estoppel by Conduct and Silence Precluded Liquidated Damages
January 3rd, 2020
Retail owner and contractor had completed nine projects in two states. Most projects were completed beyond the original completion date, but no liquidated damages had been assessed. The current dispute concerned construction of five stores in Maine.…
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Categories: Construction
One-Year Limitations Period Enforceable for Insurance Policy Claims
December 19th, 2019
In what may seem to many as a harsh decision, the New Hampshire Supreme Court has upheld a one-year limitations period in an insurance policy. The insurance carrier and insured homeowners were in contact soon after the loss. The carrier did some inve…
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One Way to Waive an Attorney-Client Communication
June 24th, 2019
The judge’s decision on an injunction hearing provides a cautionary tale for attorneys preparing a privilege log. The underlying case arose when Lockton accused Alliant of enticing soon-to-be-former Lockton managers and others into breaching their…
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Categories: Uncategorized
Failure to Promptly Reserve Rights on Coverage = Loss of Ability to Disclaim
October 2nd, 2018
From the 2nd Circuit Court of Appeal comes a reminder that undertaking defense of a claim without any reservation of rights can bar an insurer from disclaiming coverage nine months later – even if the claim was not within the policy language from t…
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Insurer Did Not Waive Arbitration by Waiting for Claim Against Tortfeasor to Conclude
June 10th, 2017
An injured automobile owner pursued claims against the driver who caused the accident, while her own carrier, whose policy could be implicated by the underinsurance of the driver at fault, waited on the sidelines. After reaching an end result with th…
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Categories: Arbitration
Failure to follow claims procedure was an irrevocable waiver of the claim
February 3rd, 2016
Consider this sentence: “courts cannot decide cases of contract interpretation on the basis of what is just or equitable.” Contractors are reminded, via an Ohio Court of Appeals decision, that claim deadlines and waiver language will be applied w…
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About Stan Martin
Stan Martin holds a law degree and an undergraduate degree in architecture. He has been involved with the construction industry for more than 45 years, working in construction prior to law school and beginning his construction law practice. During his career, he has been actively involved with the Associated General Contractors of Massachusetts, the Boston Society of Architects, the American Arbitration Association, and the Massachusetts Building Congress.