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24 Constr. Litig. 1 (2015-2016)

handle is hein.aba/cstrul0024 and id is 1 raw text is: 











Winter 2015, Vol. 24 No. 1


TABLE OF CONTENTS


Articles >
An Overview of Three Maior Delay Damages Issues
By Kevin Long and Eric Van Schyndle
The analysis of delay damages issues can be a minefield for the construction lawyer.

Practical Tips on Concurrent Delay
By Wayne DeFlaminis
Apportioning concurrent delays can be subjective and risky. We offer some practical tips for pursuing or
defending against concurrent delay claims.

Class Actions: Evolution Toward Merits and Class Discovery Proceeding Together
By Lawrence Deutsch, Glen L. Abramson, and Jacob M. Polakoff
Since Dukes and Comcast, there is no bright line between these two discovery types, making bifurcation
a viable approach to discovery.

Owner's Representative's Potential Liability for Defects Delays, and Damages
By Ben Nolan
Key risks can be transferred from the owner to the owner's representative, greatly increasing the OR's
exposure to damages for performance or provision of its services.

Common Mistakes Owners and Contractors Make That May Cause Claims and Disputes
By Megan Wells and Vanessa Williams
Many disputes are self-inflicted. To avoid disputes, owners could benefit from the suggestions in this
article.


News & Developments ,
Oregon's Anti-Indemnity Statute Prevents General Contractor's Recovery of All Attorneys' Fees
from Subcontractor
The Oregon Court of Appeals upheld a trial court's decision holding that Oregon's anti-indemnity statute
voided a subcontract's indemnity provision.

Equitable Garnishment Judgment Against CGL Insurer Upheld
The application of CGL policies to defective construction as to what is and is not covered continues to
evolve.

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