Dolores Montoya | Bremer Whyte Brown & O’Meara In a recent important decision, Brown v. Beach House Design & Development the Court of Appeal addressed an issue that frequently arises under the Privette doctrine—the extent to which a general contractor can be held liable for injuries to a subcontractor’s employee. The injuries in Brown arose when a window casing subcontractor’s… Continue reading Caution to GCs! An Exception to Privette Can Leave You Open to Liability
Month: February 2023
More on the VCPA and Construction
Christopher G. Hill | Construction Law Musings I have posted before regarding the intersection between the Virginia Consumer Protection Act (VCPA) and construction contracting in regard to residential construction projects. A case out of the Eastern District of Virginia District Court further discusses this intersection as it relates to design contracts that also include the procurement and installation… Continue reading More on the VCPA and Construction
What Happens When a “Your Work” Exclusion Collides With a “Product Completed Operations” Clause in a CGL policy?
Petar Angelov | Bradley A CGL policy typically defines “your work” as the work performed by or on behalf of the insured and the materials, parts, or equipment furnished in connection with such work. “Product-completed operations” coverage usually protects the insured against liability for property damage or bodily injury caused by the insured’s product or… Continue reading What Happens When a “Your Work” Exclusion Collides With a “Product Completed Operations” Clause in a CGL policy?
The Design-Build Contract Blueprint: Exploring the Boundaries of Architectural Services for General Contractors
Alexandra E. Ferri and James Norment | Ward and Smith Do design-build contracts allow general contractors to perform as architects? Not directly. As design-build contracts grow in popularity, it’s important that general contractors, owners, and architects understand which design-build arrangements are permissible under North Carolina law—and which are not. In a design-build contract, one entity,… Continue reading The Design-Build Contract Blueprint: Exploring the Boundaries of Architectural Services for General Contractors
Emerging Trends in Construction Defect/Product Liability for Manufacturers
David Toney | Adams and Reese There are several emerging trends in 2023 concerning construction component manufacturers. 1. Tendering to and/or Adding Subs and Suppliers to Claims/Cases/Matters The most notable trend specific to manufacturers is that their largest customers have now largely decided upon a defense strategy of tendering to and/or adding its subs and… Continue reading Emerging Trends in Construction Defect/Product Liability for Manufacturers