Gus Sara | The Subrogation Strategist In Lithko Contr., LLC v. XL Ins. Am. Inc., No. 31, Sept. Term, 2023, 2024 Md. LEXIS 256, the Supreme Court of Maryland considered whether a tenant who contracted for the construction of a large warehouse facility waived its insurer’s rights to subrogation against subcontractors when it agreed to waive… Continue reading Not a Waiver For All: Maryland Declines to Apply Subrogation Waiver to Subcontractors
Tag: Maryland
“Pay-if-paid” and “Pay-when-paid” Clauses in Maryland and the District of Columbia
Andrew Nagel and Kenneth G. Stallard | Carr Maloney General Contractors may seek to condition payments to Subcontractors by using “pay-if-paid” or “pay-when-paid” clauses in their contracts. Typically, as the name suggests, pay-when-paid provisions concern the timing of payment by the General Contractor, but, arguably, do not relieve the General Contractor from its obligation to pay the… Continue reading “Pay-if-paid” and “Pay-when-paid” Clauses in Maryland and the District of Columbia
Can A Construction Contractor Email Notice of a Claim? Maybe!
Matthew DeVries | Best Practices Construction Law | November 18, 2019 A few years ago, I did a post on whether a digital signature in a construction contract was valid. Given the regularity by which parties now communicate by email, it is certainly a subject worth revisiting. In United States ex rel. Cummins-Wagner Co., Inc. v. Fidelity… Continue reading Can A Construction Contractor Email Notice of a Claim? Maybe!
No Coverage for Property that was not Insured’s “Primary Residence” as Described Under the Policy
Marie Laur | Property Insurance Coverage Law Blog | April 8, 2018 A Maryland court recently ruled there was no insurance coverage available to an insured for a loss to her property that was not her primary residence. In the case Liberty Insurance Corp. v. Barnes,1 the district court ruled that the clear language of the policy… Continue reading No Coverage for Property that was not Insured’s “Primary Residence” as Described Under the Policy
Use of the Word “in” Indicates Geography; Use of the Word “of” Indicates Sovereignty
Kristopher Berr | Pepper Hamilton LLP | January 4, 2018 Pritchett Controls, Inc. v. Hartford Accident & Indemnity Co., 2017 U.S. Dist. LEXIS 192182, 2017 WL 5591872 (D. Md. Nov. 21, 2017) James W. Ancel, Inc. (“JWA”) was the prime contractor on a project for the Maryland Transit Authority in Baltimore. JWA subcontracted a portion of… Continue reading Use of the Word “in” Indicates Geography; Use of the Word “of” Indicates Sovereignty