Christopher G. Hill | Construction Law Musings After WAY too long a hiatus, I am back with another in my series of “Construction Contract Basics” posts. In past posts, I’ve covered venue provisions, attorney fee provisions, and indemnity clauses. In this post, I’ll share a few thoughts (or “musings”) on the topic of so-called “no damages for delay”… Continue reading Construction Contract Basics: No Damages for Delay
Month: May 2024
Builder’s Risk Insurance For Construction Projects
Michael Iakovou and Olivia Piluso | KL Legal What is builder’s risk insurance? Builder’s risk insurance covers accidental losses, damages and destruction to property damages during construction operations. Under typical construction industry standards, either the owner or the contractor purchases builder’s risk coverage. The party that purchases the policy depends on who has the greater… Continue reading Builder’s Risk Insurance For Construction Projects
This Is [Not] How We Do It: Insurer Gets Schooled on the Consequences of a Bad Faith Refusal to Defend
Donald Scaramastra | Miller Nash Washington State goes to great lengths to protect policyholders from insurance company misconduct and overreach. This is especially true when it comes to an insurer’s duty to defend its policyholder against third-party claims. But the insurer in Alaska Airlines, Inc. v. Endurance American Insurance Co. appears to have lost sight of this,… Continue reading This Is [Not] How We Do It: Insurer Gets Schooled on the Consequences of a Bad Faith Refusal to Defend
The Case for Intervening in Bid Protests: It’s Almost Always the Right Call
Katherine B. Burrows and Eric Valle | PilieroMazza You’re a federal government contractor who just won a contract award. But, before you pop the champagne, there’s a hiccup: a competitor filed a bid protest challenging your award. “Oh, well,” you think, “the government can surely defend my award; there’s no reason for me to get… Continue reading The Case for Intervening in Bid Protests: It’s Almost Always the Right Call
Impairing Your Insurer’s Subrogation Rights
David Adelstein | Florida Construction Legal Updates Liability insurance policies have a provision that allows them to subrogate to the rights of their insured. This provision is commonly referred to as a transfer of rights provision and reads: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those… Continue reading Impairing Your Insurer’s Subrogation Rights