Larry P. Schiffer | Squire Patton Boggs Anti-concurrent clauses preclude coverage even where the loss is partially caused by a covered cause of loss. This clause received considerable attention in hurricane-related coverage litigation following Hurricane Katrina. In a recent case, the Eighth Circuit Court of Appeals addressed the anti-concurrent clause in the context of damage… Continue reading Anti-concurrent Clause and Faulty Workmanship Exclusion
Month: May 2020
Starting July 1, 2020 General Contractors are “Employers” for All Workers on Their Jobsite
Christopher G. Hill | Construction Law Musings I have discussed the impactful legislation to the Virginia construction industry in prior posts here at Construction Law Musings. One of those statutes that will take effect on July 1, 2020 will fundamentally change the relationships between general contractors and their subcontractors and suppliers. Senate Bill 838 does the following on… Continue reading Starting July 1, 2020 General Contractors are “Employers” for All Workers on Their Jobsite
California Appeals Court Provides Guidance on ‘Pay-When-Paid’ Provisions in Construction Subcontracts
Ted Gropman and Cindy Lee | Constructlaw On April 17, the California Court of Appeal decided Crosno Construction, Inc. v. Travelers Casualty & Surety Company of America,1 effectively narrowing the scope of enforceable “pay-when-paid” provisions in construction subcontracts to the extent the subcontractor seeks recovery against a general contractor’s payment bond surety. Although the Crosno case involved a public… Continue reading California Appeals Court Provides Guidance on ‘Pay-When-Paid’ Provisions in Construction Subcontracts
Text vs. Context: Why Construction Contract Interpretation Is Critical to Navigating COVID-19
Rachel Burkhart, Carl Pebworth and Caleb Tobin | Faegre Drinker Biddle & Reath Understanding a construction contract necessarily oscillates between text — what is written — and context — what is intended and meant. In today’s uncertain business environment, an appreciation for that inherent tug-of-war can help construction professionals deal more effectively with the fallout… Continue reading Text vs. Context: Why Construction Contract Interpretation Is Critical to Navigating COVID-19
Connecticut Appellate Court Recognizes Cardinal Change Doctrine for the First Time
Niel Franzese | Construction Law Zone Changes are made to scopes of work on construction projects every day. In some cases, the contract party being asked to accept these changes is reluctant to do so, and views the changes to be so substantial as to result in a scope of work radically and materially different… Continue reading Connecticut Appellate Court Recognizes Cardinal Change Doctrine for the First Time