Publication

Under Construction – July 2021

Jul 13, 2021

Letter From the Editor

Welcome to the summer edition of our Under Construction newsletter.

The first article, Hotel Utah: “You Can Check-Out Any Time You Like, but You Can Never Leave,” looks at disclosure obligations in Utah regarding real property, ongoing concerns and prospective development issues.

We follow with an article regarding a National Labor Relations Board decision, which addressed a party conducting union elections by mail and engaging in mail-ballot solicitation, and the NLRB’s role in protecting the neutrality of its election procedures.

Next, we look at a case decided by the Colorado Supreme Court, which held that an insurer who is defending under a reservation of rights is not entitled to intervene where the insured has assigned its bad faith actions to a third party and then proceeds to an uncontested trial.

In the following article, we examine Arizona laws that shouldn’t be ignored when starting Arizona construction projects. As many of you know, Arizona has developed extensively in recent years with large and substantive construction projects.

Remaining on the topic of Arizona laws, we then look at a changed law about contractor advertising, which involves and relaxes the requirement to disclose the contractor’s license number if the number is displayed prominently on the contractor’s website.

Lastly, we dive into an insurance coverage issue that a California court decided regarding determining the number of “occurrences” in order to establish the policy limits in a California construction defect case.

We hope you find these articles informative and enlightening. Please let us know if you want us to address a specific construction issue in a future newsletter. Keep cool this summer, if you can!

Best Regards,
Jim Sienicki

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