Question of Insurer’s Duty Hinges on Dictionary Definition

Samantha Joseph | Daily Business Review | April 7, 2017 A dispute before the Florida Supreme Court looks like it could play by the book, specifically Black’s Law Dictionary. At the heart of the case is a question on whether insurers have a duty to intervene on a client’s behalf during pre-litigation efforts involving construction… Continue reading Question of Insurer’s Duty Hinges on Dictionary Definition

When Is The Contractor’s Termination For Default Proper? When It Does Bad Things.

Matthew DeVries | Best Practices Construction Law | May 5, 2017 Sometimes you “do” bad things.  Sometimes you “look like” you do bad things.  Just look at the difference between Bad-boy Jack and my youngest daughter, Haven, who just “looks like” she’s up to no good.  In the world of construction contracting, both can get… Continue reading When Is The Contractor’s Termination For Default Proper? When It Does Bad Things.

The Beneficiaries of “Pay-if-Paid” Clauses in Construction Contracts

Dana Chaaban | Shutts & Bowen LLP | April 25, 2017 The law of contract formation allows parties “freedom to contract” in most aspects of transactions, services and/or liabilities. In the area of construction law, general contractors have largely negotiated a shift in the distribution of risk away from the general contractor and to the… Continue reading The Beneficiaries of “Pay-if-Paid” Clauses in Construction Contracts

Law Limits Defense Costs Liability for Design Professionals

Judy Greenwald | Business Insurance | May 3, 2017 A measure signed into law last week by California Governor Jerry Brown will significantly reduce defense costs for design professionals, including architects and engineers, and could smooth claims handling, say experts. Senate Bill 496 provides that architects and engineers would be liable to pay only a… Continue reading Law Limits Defense Costs Liability for Design Professionals

Insurance Coverage for Property Damage Caused by Defective Workmanship

James D. Hollyday | Pepper Hamilton LLP | April 2017 One of the principal points of contention between insurers and insureds is whether defective construction work is, or can be, an occurrence, thereby triggering coverage. The New Jersey Supreme Court has joined a growing number of jurisdictions holding that commercial general liability (CGL) insurance policies… Continue reading Insurance Coverage for Property Damage Caused by Defective Workmanship

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