Jake Carroll and Jenna Lasseter | Nelson Mullins Riley & Scarborough When negotiating construction contracts, attorneys often focus on the American Institute of Architects (AIA) A201-2017 General Conditions, a widely used standard in the industry. However, construction loan agreements, drafted from the lender’s perspective, frequently contain provisions that conflict with or impose additional obligations beyond… Continue reading Avoiding Contract Conflicts: 5 Key AIA Provisions to Align with Loan Documents
Month: April 2025
Statutes of Repose: Protecting the Pantheon’s Builders After Nearly 2,000 Years
John Mark Goodman | BuildSmart Even though construction cases often involve colorful facts, legal opinions are often quite boring. When a judge writes a colorful opinion about an otherwise boring case, we tip our hat. This week we tip our hat to Judge Brandon Harrison and colleagues on the Arkansas Court of Appeals for their opinion… Continue reading Statutes of Repose: Protecting the Pantheon’s Builders After Nearly 2,000 Years
Eighth Circuit Finds that “Ensuing Loss” Clause Does Not Restore Coverage for Faulty Subcontractor Work
Jason Taylor | Traub Lieberman In Bob Robinson Commercial Flooring Inc. v. RLI Ins. Co., No. 23-2531 (8th Cir. Mar. 19, 2025), the Eighth Circuit Court of Appeals had occasion to determine whether an exception to property insurance exclusions known as the “ensuing loss clause,” applied to faulty work of the insured’s subcontractor. By way of… Continue reading Eighth Circuit Finds that “Ensuing Loss” Clause Does Not Restore Coverage for Faulty Subcontractor Work
Itemized Appraisal Ordered Over Delay and Coverage Dispute Objections: A Shift in the Appraisal Enforcement Paradigm?
Jessica Port | Zelle In a recent decision, Gray v. Philadelphia Contributionship, 748 F. Supp. 3d 367 (D. Md. 2024), U.S. District Judge James K. Bredar granted a policyholders’ motion to compel appraisal and stayed litigation in a diversity action involving a disputed storm damage claim. The ruling offers lessons for insurers on appraisal clauses, waiver,… Continue reading Itemized Appraisal Ordered Over Delay and Coverage Dispute Objections: A Shift in the Appraisal Enforcement Paradigm?
California Clarifies Basis for Inverse Condemnation Claims
Lian Skaf | White and Williams Inverse condemnation is a legal theory that is not common in the subrogation industry. However, when dealing with a loss where property damage is the result of action by a public entity, it is a claim that may be available. While there are distinct considerations with raising an inverse… Continue reading California Clarifies Basis for Inverse Condemnation Claims