Larry P. Schiffer | Squire Patton Boggs | August 16, 2019 Plaintiffs usually don’t bring claims based on the defendant’s insurance coverage. So it is not unusual for an insurer and policyholder to have a dispute about what claims are covered and what claims are not covered under the insurance policy and, if there are… Continue reading Covered and Uncovered Claims — When Allocation Is Required
Month: August 2019
Builder’s Risk Coverage – Construction Defects
Brian Hearst | Construction Executive | June 15, 2019 COVERAGE FOR LOSS ENSUING FROM FAULTY WORKMANSHIP Part I tackled the standard builder’s risk exclusion that applies to losses arising from faulty materials or workmanship. Traditionally, carriers do not have an appetite for covering a contractor’s failure to perform their work properly. There is one exception,… Continue reading Builder’s Risk Coverage – Construction Defects
Builder’s Risk Coverage—Language Matters
Brian Hearst | Construction Executive | June 3, 2019 FAULTY DESIGN, MATERIALS AND WORKMANSHIP Universally, nearly all builder’s risk policies include exclusions for faulty design, materials and workmanship. This exclusion is often tempered by an ensuing loss exception, which essentially states that if the loss is caused by an otherwise insured peril, the resultant loss… Continue reading Builder’s Risk Coverage—Language Matters
The Private Works: Preliminary Notice | Are You Using the Correct Form?
William L. Porter | Porter Law Group The Private Works – Preliminary Notice form which contractors, subcontractors and suppliers had become accustomed to using for many years changed in 2004. Despite this change in law, many in the construction industry have still not started using the correct new form. Changes in the law, championed by… Continue reading The Private Works: Preliminary Notice | Are You Using the Correct Form?
Lump Sum Subcontract? Perhaps Not.
David Adelstein | Florida Construction Legal Updates | June 15, 2019 Lump sum subcontract? Perhaps not due to a recent ruling where the trial court said “No!” based on the language in the subcontract and contract documents generally incorporated into the subcontract. This is a ruling on an interpretation of a subcontract and contract documents incorporated… Continue reading Lump Sum Subcontract? Perhaps Not.