Michigan Supreme Court Holds a Contractor’s Defective Work Is an ‘Occurrence’

Scott R. Murphy and Anthony C. Sallah | Barnes & Thornburg In Skanska USA Building v M.A.P Mechanical Contractors, Inc., Docket No. 159510, ____ Mich ____, 2020 WL 3527909, the Michigan Supreme Court found that a subcontractor’s inadvertent faulty work may constitute an “accident” under Michigan law, and therefore constitute an accidental “occurrence” under current standard form… Continue reading Michigan Supreme Court Holds a Contractor’s Defective Work Is an ‘Occurrence’

ASBCA Confirms that the Government’s Failure to Identify a Defect During Construction is a Constructive Waiver of the Specifications

Maria Panichelli and Michael Richard | Obermayer Rebmann Maxwell & Hippel Many federal construction contractors have been there: it’s near the end of the project and the government raises an issue with work that was done much earlier, but is not in strict compliance with the specifications. The contracting officer demands strict compliance with the… Continue reading ASBCA Confirms that the Government’s Failure to Identify a Defect During Construction is a Constructive Waiver of the Specifications

Contractor Liable Thirteen Years After the Fact??

Earl K. Messer | Taft Stettinius & Hollister | June 28, 2019 Imagine you built a school back in 2005. Years go by. Many employees who worked on the project are gone. Their emails are no longer available to review. Most other records are buried somewhere, maybe. The owner has handled maintenance year after year… Continue reading Contractor Liable Thirteen Years After the Fact??

Construction One-Minute Read: “OH No!” Buckeye State’s Supreme Court Nixes Insurance For Subcontractors’ Defective Work

Eric A. Berg | Ogletree Deakins | October 15, 2018 In an opinion released on October 9, 2018, the Supreme Court of Ohio held that a general contractor’s commercial general liability insurance did not cover the defective work of either that contractor or its subcontractors. Ohio Northern University v. Charles Construction Services, Inc., No. 2017-0514 (2018).… Continue reading Construction One-Minute Read: “OH No!” Buckeye State’s Supreme Court Nixes Insurance For Subcontractors’ Defective Work

7th Circuit: Damage to Property Exclusion Applies Broadly to Damage Caused by Defective Work

Melissa Brill and Alexander Selarnick | Cozen O’Connor | January 8, 2018 On December 18, 2017, the U.S. Court of Appeals for the Seventh Circuit issued a decision that will impact insurance coverage for property damage claims, especially in Illinois. In W. Side Salvage, Inc. v. RSUI Indem. Co., the Seventh Circuit, applying Illinois law, held… Continue reading 7th Circuit: Damage to Property Exclusion Applies Broadly to Damage Caused by Defective Work

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