New California law and uninsured defense obligations

California recently enacted a law that appears to lessen significantly the burden of indemnity provisions in contracts governed by the state’s laws. The goal of the legislation was to remove the immediate duty by design professionals to defend public and private clients. That duty was based on the mere involvement of the design professional on a project even... Continue Reading →

Should you waive your right to a jury trial?

Although few disputes between clients and professionals are resolved through litigation, many clients demand that the design professional contractually waive any future right to litigate before a jury. Clients often want to set up a dispute resolution process that ends with a bench trial—allowing a judge to both decide the facts and apply the law... Continue Reading →

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