Traub Lieberman Nationwide, homeowners’ insurers routinely face foundation wall collapse claims. But in Connecticut, where at least 30,000 homes are believed to have been constructed in the 1980s and 1990s with defective concrete, the scope of homeowners insurance for collapse claims has been a closely watched issue. In Jemiola v. Hartford Casualty Insurance Co., 2019 WL… Continue reading Connecticut Answers Critical Questions Regarding Scope of Collapse Coverage in Homeowners Policies in Insurers’ Favor
Month: February 2020
Hurry Up and Wait Pacing a Delay on a Construction Schedule
Whitney Judd | Kilpatrick Townsend & Stockton Construction projects are rarely completed without delays or adjustments made to the project schedule. To avoid liability when scheduling disputes arise, parties must prove that they are not responsible for a delay to the project schedule. The exact cause of a delay however becomes difficult to prove where… Continue reading Hurry Up and Wait Pacing a Delay on a Construction Schedule
Why Change Orders Matter
Rhiannon K. Baker and Philip S. Bubb | Fredrikson & Byron I recently settled a dispute with a construction client where the absence of formal written change orders was an issue. The parties disagreed on what was compensable, but this disagreement could have potentially been avoided if they had adhered to written change orders. Most… Continue reading Why Change Orders Matter
Insurer’s Duty to Indemnify not Ripe Until Underlying Lawsuit Against Insured Resolved
David Adelstein | Florida Construction Legal Updates A liability insurer has two duties: 1) the duty to defend its insured; and 2) the duty to indemnify its insured. With respect to the second duty – the duty to indemnify – this duty is typically “not ripe for adjudication unless and until the insured or putative… Continue reading Insurer’s Duty to Indemnify not Ripe Until Underlying Lawsuit Against Insured Resolved
Filling Out the Contractor’s Final Payment Affidavit
David Adelstein | Florida Construction Legal Updates When preparing a contractor’s final payment affidavit, I always suggest for a contractor (or anyone in privity of contract with the owner) to identify the undisputed amounts their accounting reflects is owed to ALL subcontractors, etc., regardless of whether that entity preserved their lien rights. If the contractor provided… Continue reading Filling Out the Contractor’s Final Payment Affidavit