Part I: Introduction and An Owner’s Preliminary Considerations A product warranty is a qualified promise made by a manufacturer that a defective product will be repaired or replaced if the [...]
All businesses, inevitably, will have customers which experience credit issues or may even file for bankruptcy protection. Once a bankruptcy case is filed, all collection activities against the [...]
On January 22, 2019, the United States Supreme Court unanimously held that “secret sales” of an invention subject to confidentiality provisions can invalidate patent rights under the “on-sale [...]
Limiting Liability Through the Roof Warranty (Part Two): Disclaiming Consequential Damages
In Corporate Issues PostedIndustry norm is that roof warranties disclaim any coverage for consequential damages. Most manufacturers utilize that exclusionary language in discussions with owners to limit claims made under [...]
Limiting Liability Through the Roof Warranty (Part One): Prorated Warranties
In Corporate Issues PostedUtilizing a prorated or pro rata roofing warranty as part of your standard terms and conditions is an excellent tool to mitigate risk and limit liability in the event of a major roofing [...]
Has a customer ever asked you to use construction drawings from another job? Or have you found out that another contractor was using your drawings? This can be a very frustrating situation – and [...]
Use Caution When Entering into Staffing Agency Agreements for Temporary Roofing Workers
In Corporate Issues PostedRoofing companies grappling with a shortage of workers may turn to temporary staffing agencies for workers. Companies should make sure that the contract between their company and the staffing [...]
If Potential Environmental Problems Are Standing in the Way of a Transaction, Consider Environmental Insurance
In Corporate Issues, Risk Mitigation PostedPersons looking to buy or sell businesses or real estate are often stymied by suspected environmental liabilities, but overlook environmental insurance as a possible solution. A product that has [...]
HHS Underscores its BAA Enforcement Priority with Recent $500,000 Settlement
In Corporate Issues PostedThe Department of Health and Human Services (HHS) has made any disclosure of Protected Health Information (PHI) not governed by a Business Associate Agreement (BAA) an enforcement priority. HHS [...]
On November 21, 2018, the Pennsylvania Supreme Court decided Dittman vs. UPMC, holding that an employer can be liable under a negligence theory for failing to adequately safeguard electronically [...]