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
Month: December 2014
Arbitrator Should Decide Whether Dispute Falls Within The Scope Of The Arbitration Clause
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
“Specified Cause of Loss” in Colorado Can Determine Whether There is Coverage
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
What Constitutes an “Occurrence” in your CGL Policy?
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?
5 Contract Phrases that Could Cost Construction Clients
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