William Underwood | ConsensusDocs The use of delegated design on projects can create many practical benefits. But it can also create additional pitfalls and risks for contractors accepting delegated design responsibilities. Recognizing and understanding these various considerations is important for contractors taking on delegated design roles. This article examines some of these considerations and provides… Continue reading It’s Called “Delegation” – Basic Risks and Considerations for Delegated Design on Projects
Month: May 2025
Contractor’s Claim Denied: The Importance of Knowing Prior Projects in Differing Site Condition Disputes
Traeger Machetanz | Davis Wright Tremaine In Skanska Civil USA Southeast, Inc. ASBCA Nos. 61220, 61347 (April 3, 2025), the Armed Services Board of Contract Appeals denied the contractor’s claim for differing site conditions. The contractor asserted claims for defective specifications and a differing site condition arising out of the demolition of two existing piers. A plan… Continue reading Contractor’s Claim Denied: The Importance of Knowing Prior Projects in Differing Site Condition Disputes
AIA Releases Updated Design-Build Forms
Christine Ciarlo | Saul Ewing Earlier this year, the American Institute of Architects (“AIA”) released updated form contract documents for traditional design-build (“Traditional DB”) construction projects and introduced a new set of progressive design-build (“Progressive DB”) forms. In a design-build project, the owner contracts directly with one entity to provide both design and construction services,… Continue reading AIA Releases Updated Design-Build Forms
Coverage Confusion: When Your Insurance Broker Gets It Wrong
Bethany Foster | Higgins, Hopkins, McLain & Roswell In the intricate world of construction, builders often rely heavily on insurance brokers to secure appropriate insurance coverage, and trust that they will be protected against unforeseen liabilities. However, a recent Colorado district court decision serves as a stark reminder of the perils associated with such reliance,… Continue reading Coverage Confusion: When Your Insurance Broker Gets It Wrong
Absolute Pollution Exclusion, Economic Loss Rule Coverage Update
Amy Diviney and Shantinique Brooks | Plunkett Cooney Absolute Pollution Exclusion – New Mexico Chisholm’s Village Plaza LLC v The Cincinnati Ins. Co.No. 23-2133, 2025 WL 1178099 (10th Cir. Apr. 23, 2025) The U.S. Court of Appeals for the Tenth Circuit, in reversing the order of the U.S. District Court of New Mexico, determined that… Continue reading Absolute Pollution Exclusion, Economic Loss Rule Coverage Update