Christopher G. Hill | Construction Law Musings The question in the title of this post is one I think about a lot. I have also discussed some aspects of this topic previously here at Musings. As 2022 winds down and we head into 2023, my thoughts have landed back on how I as a construction lawyer can help my clients and how… Continue reading What’s the Best Way to “Use” a Construction Attorney?
Month: January 2023
Payment Bond Surety Entitled to Award of Attorneys’ Fees Although Defended by Principal
Garret Murai | California Construction Law Blog For contractors involved in California public works projects the scenario is not uncommon: The general contractor awarded the public works project is required to obtain a payment bond for the benefit of subcontractors and suppliers and the payment bond surety issuing the payment bond requires the general contractor… Continue reading Payment Bond Surety Entitled to Award of Attorneys’ Fees Although Defended by Principal
Whose Burden is It Anyway: All Risk vs. Covered Peril Policies
William S. Bennett | SDV Insights First-party insurance coverage is typically structured on the basis of one of two types of insuring agreements: “All Risks” and “Covered Peril.” While the difference may seem innocuous, the ramifications of having one versus the other can be monumentally important in a disputed claim scenario. For the reasons discussed… Continue reading Whose Burden is It Anyway: All Risk vs. Covered Peril Policies
“Pay-if-Paid” vs. “Pay-when-Paid”: Understanding Contractor’s and Subcontractor’s Assumption of Risk of Owner’s Nonpayment
Andrew Hanna | Frantz Ward In a typical construction contract, the project owner pays the prime contractor, and the prime contractor in turn pays the subcontractor, and so on down the line. The question then arises, what happens if the owner doesn’t pay the prime contractor? Does the prime contractor have to pay the subcontractor?… Continue reading “Pay-if-Paid” vs. “Pay-when-Paid”: Understanding Contractor’s and Subcontractor’s Assumption of Risk of Owner’s Nonpayment
Understanding Liability Insurer’s Two Duties: To Defend And To Indemnify
David Adelstein | Florida Construction Legal Updates A liability insurer has two duties that are the crux of a liability policy: the duty to defend the insured in legal actions and the duty to indemnify the insured from losses covered under the policy. Many times, policyholders (insureds) do not fully understand or appreciate these two important… Continue reading Understanding Liability Insurer’s Two Duties: To Defend And To Indemnify