Justin L. Weisberg | K&L Gates | November 6, 2017 After a decade, the AIA released new design and construction contract forms in April 2017. Some of the more notable changes to the AIA construction contract documents are summarized below. Probably as a reflection of advancements in the use of technology in the design and… Continue reading Preparing for the Changes in the New AIA 2017 Forms
Month: November 2017
Is Substantial Compliance with a Proof of Loss Enough?
Christina Phillips | Property Insurance Coverage Law Blog | November 2, 2017 The purpose of a sworn proof of loss is to enable the insurer to properly investigate the circumstances of a loss while the occurrence is fresh in the minds of the witnesses, to prevent fraud, and to enable it to form an intelligent… Continue reading Is Substantial Compliance with a Proof of Loss Enough?
In Non-Precedential Opinion, Pennsylvania Superior Court Says Architects Not Alone in Liability Exposure under Bilt-Rite
Nicholas V. Fox | Saul Ewing Arnstein & Lehr LLP | October 26, 2017 The Pennsylvania Superior Court recently determined that “Bilt-Rite Liability” is not limited to architects and construction industry design professionals, but instead could apply to any professional who provides information that may be relied upon by a third party. Bilt-Rite Liability flows… Continue reading In Non-Precedential Opinion, Pennsylvania Superior Court Says Architects Not Alone in Liability Exposure under Bilt-Rite
New Jersey’s Manifestation Destiny: Appellate Division Applies Continuous Trigger to Claims for Progressive Third-Party Property Damage and Highlights Fact-Sensitive Nature of Manifestation Date
Frederick J. Giordano | K&L Gates | November 3, 2017 The New Jersey Appellate Division (the “Appellate Division”) recently issued a ruling in Air Master & Cooling Inc., v. Selective Insurance Co. of America (“Air Master”) [1] applying the “continuous trigger” theory to third-party construction defect liability claims in which property damage progressively advances. The court also… Continue reading New Jersey’s Manifestation Destiny: Appellate Division Applies Continuous Trigger to Claims for Progressive Third-Party Property Damage and Highlights Fact-Sensitive Nature of Manifestation Date
Can an Architect be Held Liable for Defects in Construction?
Sean M. Golden | Vandeventer Black LLP | November 7, 2017 It is common on commercial construction projects for the owner to hire the architect to perform services during construction, in addition to designing the project. Among other things, the architect’s construction phase services will typically consist of periodic observations and evaluations of the progress… Continue reading Can an Architect be Held Liable for Defects in Construction?