R. Thomas Dunn | Pierce Atwood | September 26, 2019 Additional insured (“AI”) requirements for commercial general liability (CGL) policies are very common in construction contracts. An Owner routinely requires its general contractor (“GC”) to provide AI coverage for itself, its affiliates, and sometimes a handful of other entities (lender, architect, etc.). In turn, the… Continue reading Additional Insurance Coverage: Fundamentals and Misconceptions
Tag: construction contracts
Consequential Damages can be Recovered Against Insurer in Breach of Contract
David Adelstein | Florida Construction Legal Updates | June 1, 2019 In a favorable case for insureds, the Fifth District Court of Appeal maintained that “when an insurer breaches an insurance contract, the insured is entitled to recover more than the pecuniary loss involved in the balance of the payments due under the policy in consequential… Continue reading Consequential Damages can be Recovered Against Insurer in Breach of Contract
It’s Not What You Thought You Signed That Counts: Chancery Court Rejects Plaintiffs’ Claims For Breach of Contract Plaintiffs Thought They Had Made
Remsen Kinne and Alidad Vakili | K&L Gates | July 1, 2019 In Concerned Citizens of the Estates of Fairway Village, et al, v. Fairway Cap, LLC and Fairway Village Construction Inc., C.A. No. 2017-0924-JRS (Del. Ch. March 6, 2019), homeowners resident in Fairway Village, a residential planned community (“Plaintiffs”) claimed that plans and actions… Continue reading It’s Not What You Thought You Signed That Counts: Chancery Court Rejects Plaintiffs’ Claims For Breach of Contract Plaintiffs Thought They Had Made
Design Professional Asserting Copyright Infringement and Contributory Copyright Infringement
David Adelstein | Florida Construction Legal Updates | April 7, 2019 Standard form construction contracts between an owner and design professional will address copyright protection, as well as other contractual protections, associated with a design professional’s “instruments of service.” An owner negotiating an agreement with a design professional should consider alternative language that broadens the scope… Continue reading Design Professional Asserting Copyright Infringement and Contributory Copyright Infringement
The Economic Loss Rule and Why It Matters in Construction Litigation
William S. Durr | Ward and Smith | March 20, 2019 In its broadest sense, the “economic loss rule” prohibits recovery in tort for purely economic loss incurred under contract law. The Merriam-Webster Dictionary online defines tort as “a wrongful act other than breach of contract for which relief may be obtained in the form of damages… Continue reading The Economic Loss Rule and Why It Matters in Construction Litigation