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Does the Insurer’s Duty to Defend Extend to an Award of Attorneys’ Fees Under a Fee Shifting Provision When the Insured is the Non-Prevailing Party?
In construction defect actions and construction contract fee disputes, the general contract between the general contractor and the owner and the subcontracts between the general contractor and its subcontractors often contain fee shifting provisions which provide that the prevailing party in any litigation shall be entitled to recover its attorneys’ fees. Construction defect actions brought […]
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ENTITLEMENTS DURING COVID-19 By Kursten Canada, Garfield & Hecht, P.C. Critical components of a real estate project are land use and development approvals, otherwise known as “entitlements.” Financial markets are in flux and many governmental agencies are operating a skeleton crew, at best. Public hearings and project meetings may be conducted virtually or simply cancelled. […]
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