Emily Newton | Construction Executive Contractors must proceed with caution to safely remove asbestos and protect employees and commercial buildings. Only contractors licensed by the Environmental Protection Agency (EPA) in abatement should dispose of it, because the best asbestos-removal practices require high degrees of care and safety. Asbestos is a stealthy material, quickly becoming airborne… Continue reading Safe Commercial Asbestos-Removal Practices
Month: April 2023
CGL Coverage Dispute Regarding the (J)(6) and (J)(7) Property Damage Exclusions
David Adelstein | Florida Construction Legal Updates A new insurance coverage opinion dealing with a commercial general liability’s (CGL) duty to defend involved exclusions commonly known as the (j)(6) and (j)(7) property damage exclusions (and in certain policies known as the (j)(5) and (j)(6) exclusions). These are the exclusions that apply during ongoing operations. Exclusion (l), or the “your work” exclusion, applies post-completion, i.e., it… Continue reading CGL Coverage Dispute Regarding the (J)(6) and (J)(7) Property Damage Exclusions
Someone Who Hires an Independent Contractor May Still Be Liable, But Not in This Case
Katherine Dempsey | The Subrogation Strategist In Allstate Veh. & Prop. Ins. Co. v. Glitz Constr. Corp., 2023 N.Y. App. Div. LEXIS 1180, 2023 NY Slip Op 01171, the Supreme Court of New York, Appellate Division, Second Department (Appellate Court), considered whether a contractor could be found liable for its subcontractor’s alleged negligence in causing injury… Continue reading Someone Who Hires an Independent Contractor May Still Be Liable, But Not in This Case
Construction Litigation Roundup: “That’s Not How I Read It”
Daniel Lund III | Phelps Dunbar That’s not how I read it. A general contractor seeking to litigate with its subcontractor concerning a construction project in Indiana found itself fighting in court against assertions by the sub that arbitration of the dispute was required. The GC was already in litigation in federal court with the… Continue reading Construction Litigation Roundup: “That’s Not How I Read It”
Comply or Else: Additional Obligees Must Comply with Conditions Precedent in Performance Bonds
Daniel Miktus and James T. (Trav’) Clark | Akerman All construction project owners, lenders, and contractors take note: a recent federal court opinion offers a reminder that additional obligees on a performance bond must comply with all conditions precedent in the bond in order to enforce the bond. As a reminder, a performance bond is… Continue reading Comply or Else: Additional Obligees Must Comply with Conditions Precedent in Performance Bonds