The Case for an Owner’s Representative

Patrick Johnson and Richard Reizen | Gould & Ratner The Need for Owners to React in Real Time to Project Changes Caused by Supply Chain Interruptions, Skyrocketing Material Increases and Labor Shortages A construction project is a marathon and not a sprint. Rushing through the project without preparation and a plan for the long game,… Continue reading The Case for an Owner’s Representative

Third Circuit Holds that Duty to Indemnify “Follows” Duty to Defend

Jeffrey J. Vita | Saxe Doernberger & Vita In a win for policyholders, the Third Circuit Court of Appeals recently affirmed a District Court’s 2018 ruling, which held that the duty to indemnify follows the duty to defend where a settlement precludes a determination on the facts of the case relative to liability and apportionment.… Continue reading Third Circuit Holds that Duty to Indemnify “Follows” Duty to Defend

Avoiding Project Planning Disasters: How to Spot Problem Projects

James T. Dixon | Construction Executive The burden of project planning falls first and foremost upon a project owner. Owners have varying levels of sophistication, and the smart ones fill weak spots on their staff by engaging project managers, construction managers and owner’s representatives.   Typically, the owner then delegates the largest part of the project’s… Continue reading Avoiding Project Planning Disasters: How to Spot Problem Projects

Insurer’s Late Notice Defense Fails on Summary Judgment

Tred R. Eyerly | Insurance Law Hawaii     The insurer’s motion for summary judgment to dismiss the claim because the insurer did not provide notice “as soon as practicable” was denied. Vintage Hospitality Group LLC v. Nat’l Trust Ins. Co., 2021 U.S. Dist. LEXIS 192651 (M.D. Ga. Oct. 6, 2021).          Vintage owned… Continue reading Insurer’s Late Notice Defense Fails on Summary Judgment

Price Escalation in Construction Projects: How to Protect Your Interests

Samantha Carmickle | Winthrop & Weinstine The COVID-19 pandemic has had implications that no one ever expected (toilet paper shortage anyone?). Added to the ever growing list of unanticipated consequences: price escalation in construction projects. In April 2021, supply chain disruptions started leading to increased costs associated with construction projects, and those increased costs have… Continue reading Price Escalation in Construction Projects: How to Protect Your Interests

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