Michael C. Kelley | Shutts & Bowen In just a few short years, drones and the real-time data they collect have contributed to improvements across the construction industry, from overall project efficiency to visual progress reporting for clients and stakeholders. Many builders and owners are using drones to help document construction progress, particularly the turnover… Continue reading Drones In The Construction Industry
Month: September 2021
RE&C in Review: Compliance with Anti-Trafficking Terminology in Construction Contracts
James T. Dixon | Brouse McDowell When examining the boilerplate terms of a construction contract before signing, pay particular attention to whether it includes a clause like this: Contractor warrants and represents that it is and will remain compliant with all applicable laws and regulations pertaining to human slavery and trafficking. These terms are becoming… Continue reading RE&C in Review: Compliance with Anti-Trafficking Terminology in Construction Contracts
Insurers Need to Do Their Homework: Review of the Use of Data, Algorithms, and Predictive Models
Jamie Bigayer and Ann Young Black | Carlton Fields On July 6, 2021, the governor of Colorado signed Senate Bill 21-169 prohibiting insurers’ use of external consumer data and information sources (external data), as well as algorithms and predictive models using external data (technology) in a way that unfairly discriminates based on race, color, national… Continue reading Insurers Need to Do Their Homework: Review of the Use of Data, Algorithms, and Predictive Models
Surety Bonds vs. Subcontractor Default Insurance
C. Andrew Gibson | Stoel Rives With construction teams navigating the effects of the COVID-19 pandemic and the world’s material supply chains, securing project performance has perhaps never been at such a premium. If a contractor cannot timely perform, or if a subcontractor simply pulls out of a new project bid in order to pursue… Continue reading Surety Bonds vs. Subcontractor Default Insurance
No Showing of “Appreciable Prejudice” Required Because Insured Violated Consent to Settle Provision
Elizabeth Fisher | Wiley Rein The United States Court of Appeals for the Third Circuit, applying New Jersey law, has held that an insurer can deny coverage under a claims-made policy, without demonstrating “appreciable prejudice,” if the insured fails to comply with a clear condition precedent to coverage requiring the insurer’s written consent before agreeing… Continue reading No Showing of “Appreciable Prejudice” Required Because Insured Violated Consent to Settle Provision