Eric M. Clarkson | SDV Insights Nearly half of America’s construction projects are now design-build in a continuing shift. As a result, contractors are taking on more professional liability (“PL”) risk than ever before, and the risk management landscape is changing. There are unique challenges to managing PL risks and claims. Specifically, PL coverage requires… Continue reading Dynamics of Managing Professional Liability Claims for Design Builders
Month: March 2022
Insurer Not Responsible for Insured’s Assignment of Policy Benefits
Tred R. Eyerly | Insurance Law Hawaii The Florida Court of Appeals affirmed the lower court’s granting summary judgment to the insurer after failing to abide by an assignment to which it was not a party. Expert Inspections, LLC v. United Property & Cas. Ins. Co., 2022 Fla. App. LEXIS 88 (Fla. Ct. App.… Continue reading Insurer Not Responsible for Insured’s Assignment of Policy Benefits
Pennsylvania Federal Court Confirms: Construction Defect Claims Not Covered by CGL Policies
Nathan Cazier and Scott Thomas | Payne & Fears The construction industry operates under the constant spectre of claims seeking damages for defective or faulty workmanship. Fortunately, the law in most states treats these claims as covered under commercial general liability (“CGL”) policies. A small minority of states take a much stingier view. In a… Continue reading Pennsylvania Federal Court Confirms: Construction Defect Claims Not Covered by CGL Policies
How to Know When Bidding Practices Cross the Line
Sean C Gay | Stoel Rives As economic stimulus and infrastructure spending increase, an unfortunate side effect is an environment that encourages unethical and illegal bidding practices. The construction industry relies on competitive bidding to ensure that participants receive commensurate value for their efforts. Similarly, public and private owners alike depend on the competitive bidding… Continue reading How to Know When Bidding Practices Cross the Line
Do Not Ignore Construction Defect Claims if You Are on Inquiry Notice
Ryan A. Bennett | White and Williams In Ryan Altenbaugh, et al. v. Benchmark Builders Inc., et al., No. 120, 2021, 2022 Del. LEXIS 24, the Supreme Court of Delaware recently affirmed the lower court’s ruling that the statute of limitations barred the homeowners’ negligent construction claims. Although the court applied the discovery rule to toll… Continue reading Do Not Ignore Construction Defect Claims if You Are on Inquiry Notice