Limiting Third-Party Claims through Controlled Insurance Programs

Brian M. Stork | Kane Russell Coleman Logan PC | May 4, 2018 All owners and general contractors are familiar with the scenario where the employee of a subcontractor is injured while working on a large construction project. The subcontractor is generally a workers’ compensation subscriber and, therefore, immune from any direct claims asserted by… Continue reading Limiting Third-Party Claims through Controlled Insurance Programs

2 Dispute Resolution Choices For Construction Contracts

Stacy La Scala | JAMS | May 7, 2018 It was the best of provisions; it was the worst of provisions, crafted by the wise and well-meaning alike. For years, construction documentation has been primarily sourced from the American Institute of Architects. The AIA provided guidance through the publication of contractual provisions involving many aspects… Continue reading 2 Dispute Resolution Choices For Construction Contracts

Is Your Forum Selection Clause Mandatory or Permissive: How to Know the Difference and Why you Should

Cheryl D. Shoun | Nexsen Pruet | May 8, 2018 Drafting an agreement that includes a forum selection clause? Preparing to litigate an agreement that includes a forum selection clause and wondering how to argue? The United States District Court, relying on a recent Fourth Circuit opinion offered some help to your analysis in Allstate Crane… Continue reading Is Your Forum Selection Clause Mandatory or Permissive: How to Know the Difference and Why you Should

Does the Miller Act Trump Subcontract Dispute Provisions?

Christopher Horton | Smith Currie & Hancock | May 9, 2018 The Miller Act All general contractors performing public building or public works contracts with the federal government must be familiar with the Miller Act. It is a requirement for doing business with the federal government. Pursuant to the Miller Act, a general contractor entering… Continue reading Does the Miller Act Trump Subcontract Dispute Provisions?

Freezing Exclusion – What Does It Really Mean to Use Reasonable Efforts to Maintain Heat in the Building?

Christina Phillips | Property Insurance Coverage Law Blog | May 2, 2018 Whether residential or commercial, most property coverage policies exclude loss caused by freezing, unless the insured either: Uses reasonable or best efforts to maintain heat in the building; or drains the plumbing lines. Application of this freezing exclusion, however, often turns on interpreting… Continue reading Freezing Exclusion – What Does It Really Mean to Use Reasonable Efforts to Maintain Heat in the Building?

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