Maria J. Giardina – July 19, 2012 California Senate Bill 474 prohibits a contract provision requiring a subcontractor to indemnify a general contractor, construction manager, or other subcontractor for claims arising out of their “active negligence.” This bill, which becomes effective January 2013, represents a major legislative victory for subcontractors and establishes other important protections… Continue reading New Indemnity Law Protects Subcontractors
Month: August 2012
Court holds a $500,000 SIR Fails to Comply with Insurance Requirements
Richard P. Dyer – July 17, 2012 A trial court in New York recently was faced with questions concerning the amount of damages a contracting party, Citibank, was entitled to because of the failure of its contractor to procure insurance. (See Spector v. Cushman & Wakefield, 2012 N.Y. Misc. LEXIS 2794; 2012 NY Slip Op… Continue reading Court holds a $500,000 SIR Fails to Comply with Insurance Requirements
High Park Fire Destroys $38.5M Worth of Homes; Insurance Losses Total $97M
The High Park Fire destroyed more than $38.5 million worth of homes when it tore through the canyons and valleys northwest of Fort Collins last month, and caused twice that in total damage, according to new estimates. The fire destroyed 259 homes and cabins — another cabin was destroyed by a mudslide last week —… Continue reading High Park Fire Destroys $38.5M Worth of Homes; Insurance Losses Total $97M
Florida Court Finds no Coverage for Chinese Drywall Claim
Brian Margolies – July 18, 2012 In its recent decision in First Specialty Insurance Corp. v. Milton Construction Co., 2012 U.S. Dist. LEXIS 97972 (S.D. Fla. July 16, 2012), the United States District Court for the Southern District of Florida had occasion to revisit the issue of whether the total pollution exclusion applied to a… Continue reading Florida Court Finds no Coverage for Chinese Drywall Claim