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HOW TO AVOID UNNECESSARY DENIALS OF A BUILDERS RISK CLAIM Key Takeaways: There is an increased frequency of denial of coverage for builders risk claims based on failed subjectivities and the more onerous nature of the subjectivities. To avoid this issue, those in the construction industry should: (1) confirm that all policy subjectivities can be complied with; (2) confirm each subjectivity is clear and readily understood; (3) develop procedures to confirm compliance with each subjectivity [...]

1. Is your jurisdiction a common law or civil law jurisdiction? The United States is a common law jurisdiction. The common law in the United States is comprised of both state specific rulings as well as federal jurisprudence. The federal courts are comprised of the United States district courts, courts of appeal and the U.S. Supreme Court. Each state has its own unique judicial system typically with courts of common jurisdiction, appellate courts and a [...]

For most people, a primary residence is the largest investment they will make over their lifetime. Therefore, it's no surprise that people will be curious, critical, or even opposed to any type of real estate development in their community which they feel could have an adverse impact on the place they chose to live. This is frequently the case with affordable housing, where the age-old 'not in my backyard' stigma often stems from beliefs that [...]