Carolyn Mount and Seth Row | Miller Nash Every contractor and subcontractor is required to carry liability insurance referred to as Commercial General Liability or “CGL” coverage. These policies are fairly standardized and most people assume that the coverage that is presented on the front declarations page is all that they need to know: the… Continue reading Tricky Insurance Endorsements Can Weaken Your Liability Coverage
Month: March 2022
Florida Court Decision Underscores Importance Of Warranty Terms For Contractors
Jason S. Lambert | Dinsmore & Shohl A decision this week from the Third District Court of Appeals serves as a reminder for why contractors need to be aware of all of the terms of the warranties they rely on and pass on to their customers. In West Bay Plaza Condominium Association v. Sika Corporation, a… Continue reading Florida Court Decision Underscores Importance Of Warranty Terms For Contractors
Texas Federal Court Delivers Another Big Win For Policyholders on CGL Coverage for Construction-Defect Claims and “Rip-and-Tear” Damages
Blake A. Dillion, Jared DeJong and Scott S. Thomas | Payne & Fears Insurers regularly argue that commercial general liability (“CGL”) policies are not performance bonds and therefore there is no coverage for claims seeking damages for defective or faulty workmanship. Insurers also argue there is no coverage for so-called “tear-out” or “rip-and-tear” damages, where… Continue reading Texas Federal Court Delivers Another Big Win For Policyholders on CGL Coverage for Construction-Defect Claims and “Rip-and-Tear” Damages
The End of “Pay When Paid” in Virginia Construction Contracts with State and Local Governments
Terrence Graves | Sands Anderson “Pay When Paid” or “Pay if Paid” clauses in subcontracts have long been a thorn in the side of subcontractors. If Governor Youngkin signs into law a new bill that passed in both houses of the Virginia General Assembly, those clauses will be a thing of the past for projects involving the… Continue reading The End of “Pay When Paid” in Virginia Construction Contracts with State and Local Governments
Warranty vs. Correction Period: What’s the Difference Between These Clauses?
Christine Taylor | Miller Nash Chances are that if you’ve ever read an industry-standard construction contract, you’ve noticed that for a period of time after substantial completion of the project (usually 12 months), the contractor is required to come back and fix any defective work or problems with the construction. Sounds a lot like a… Continue reading Warranty vs. Correction Period: What’s the Difference Between These Clauses?