Matthew D. Stockwell | Pillsbury Winthrop Shaw Pittman LLP | March 21, 2017 Is damage resulting from faulty workmanship covered under your CGL policy? In the past, insurers have had success in certain jurisdictions arguing that construction defect cases did not constitute a covered “occurrence” because the damage was purportedly not unintended or unexpected. In… Continue reading Colorado Court Enforces Statute that Presumes Faulty Workmanship Constitutes an Occurrence
Month: March 2017
Contingent Payment Clauses in Utah “Deal or No Deal?”
Kent B. Scott | Babcock Scott & Babcock Introduction. Contingent payment clauses provide parties involved in a construction project with a contractual method for determining who will absorb losses that may occur if the owner fails to pay for work performed on the project. In Utah, the law remains unsettled in this area, though some… Continue reading Contingent Payment Clauses in Utah “Deal or No Deal?”
Is a “Matching” Dispute Appropriate for Appraisal?
Edward Eshoo | Property Insurance Coverage Law Blog | March 10, 2017 In my last blog post, I discussed Windridge of Naperville Condominium Association v. Philadelphia Indemnity Insurance Company,1 and the issue whether appraisal is appropriate to resolve a dispute over the need for a general contractor to perform repairs following a covered loss. Windridge… Continue reading Is a “Matching” Dispute Appropriate for Appraisal?
Techniques to Maximize SDI Coverage and Streamline the Claim Process
Christopher Barbarisi | Construction Executive | February 21, 2017 Design-builders, general contractors and “at risk” construction managers are all vulnerable to the risk of a subcontractor default. Aside from contract-related safeguards, such as increased retention, joint checks and letters of credit, subcontractor surety bonds have been the traditional mechanism for third-party risk transfer. First introduced in the mid-1990s, subcontractor default… Continue reading Techniques to Maximize SDI Coverage and Streamline the Claim Process
Communicate with the Field to Nip Issues in the Bud
Christopher Hill | Construction Law Virginia | March 13, 2017 This past week, I spent some time meeting with clients and generally discussing the day to day operations of construction companies. One common theme of these discussions (and of this construction blog) was the need to deal with problems at a job site early. I… Continue reading Communicate with the Field to Nip Issues in the Bud