Don Gregory | Kegler Brown Hill & Ritter | December 16, 2014 There were a number of significant legal developments impacting the construction industry over the past year. Here are my top three: 1. Ohio Supreme Court Enforces “Pay-if-Paid” Clause The Ohio Supreme Court in Transtar Electric, Inc. v. A.E.M. Electric Services Corp., Slip Opinion… Continue reading Top 3 Construction Law Developments of 2014
Addressing who should decide whether a dispute falls within the scope of an arbitration clause, the U.S. Court of Appeals for the 11th Circuit reversed a district court’s denial of a motion to compel arbitration and remanded the case for an order compelling arbitration. U.S. Nutraceuticals, LLC v. Cyanotech Corp., No. 13-12863, 2014 WL 5471913… Continue reading Arbitrator Should Decide Whether Dispute Falls Within The Scope Of The Arbitration Clause
Brandee Bower | Property Insurance Coverage Law Blog | December 10, 2014 I recently came across a case in Colorado involving a suit filed by a business owner against the insurance company for damage to his building when an underground water main leak caused settling.1 The facts are: The plaintiff owned a building where he operated… Continue reading “Specified Cause of Loss” in Colorado Can Determine Whether There is Coverage
Matthew M. Brady | Pillsbury Winthrop Shaw Pittman LLP | December 5, 2014 In Cincinnati Ins. Co. v. AMSCO Windows, No. 13-4155, 2014 WL 6679589, at *3 (10th Cir. Nov. 26, 2014), the United States Court of Appeals, Tenth Circuit, held that construction defects brought against a window manufacturer (“AMSCO”) were “occurrences” as defined under the… Continue reading What Constitutes an “Occurrence” in your CGL Policy?
Insurance Business | December 15, 2014 The intricacies of insurance requirements in construction contracts seem like they’ve never been denser. According to a new white paper from Lockton Companies, insurance carriers are increasingly implementing restrictive additional insured endorsements, making full transfer of contributory negligence difficult. “There is a wide array of words and phrases that… Continue reading 5 Contract Phrases that Could Cost Construction Clients