Insurance Law Blog | February 21, 2018 In its recent decision in Ctr. For Excellence in Higher Ed., Inc. v. Travelers Prop. Cas. Co. of Am., 2018 U.S. Dist. LEXIS 25424 (D. Col. Feb. 16, 2018), the United States District Court for the District of Colorado had occasion to consider whether a breach of contract claim… Continue reading Colorado Court Holds No Coverage for Breach of Contract Claim
Month: March 2018
Protect Against Design Errors With Owners Protective Professional Indemnity Coverage
Joseph Nawa | Construction Executive | February 28, 2018 Prior to the devastation caused by Hurricanes Harvey, Irma and Maria, the AIA Consensus Construction Forecast had predicted “slower growth for the construction industry for the remainder of 2017 and through 2018.” But, given the hundreds of billions of dollars in damages caused by these horrific… Continue reading Protect Against Design Errors With Owners Protective Professional Indemnity Coverage
The General Assembly Seems Ready to Provide Some Consistency in Mechanic’s Lien Waiver
Christopher G. Hill | Construction Law Musings | March 5, 2018 Back in 2015, the Virginia General Assembly amended the mechanic’s lien statute (Va. Code 43-3) here in Virginia to preclude any contractual provision that diminishes a subcontractor or supplier’s “lien rights in a contract in advance of furnishing any labor, services, or materials.” However, this amendment was… Continue reading The General Assembly Seems Ready to Provide Some Consistency in Mechanic’s Lien Waiver
Limit of a General Contractor’s Liability Under the Common Work Area Doctrine
Mark A. Nasr | Clark Hill | March 15, 2018 The Court of Appeals, in the recent decision Cockfield v. Sachse Construction & Development Corporation, et al., has again analyzed the affirmative obligations a general contract has to ensure the safety of subcontractors’ employees working on a construction site. The answer, consistent with prior Supreme Court… Continue reading Limit of a General Contractor’s Liability Under the Common Work Area Doctrine
Turning Off the Spigot of Damages in Construction Cases: The Doctrine of “Avoidable Consequences”
Jeff Wertman | Berger Singerman LLP | February 15, 2018 “Damage control” is often associated with measures taken to offset or minimize damage to reputation, credibility, or public image caused by a controversial act, remark, or revelation. However, the concept of damage control has been and continues to be prevalent in construction cases. The doctrine… Continue reading Turning Off the Spigot of Damages in Construction Cases: The Doctrine of “Avoidable Consequences”