Finley Harckham – December 27, 2012 After major construction accidents, developers and contractors understandably shift into high gear in an effort to get the project moving forward again. At the same time, however, care must be taken to preserve the right to recover under insurance policies and bonds, and to pursue claims effectively. By following… Continue reading 10 Tips For Pursuing Claims After Construction Accidents
Category: Construction
Ohio Supreme Court – Claims for Property Damage to Insured’s Own Work Caused by Defective Workmanship not Covered under CGL Insurance Policies
Clifford Shapiro and Brad Stoll – December 19, 2012 The Ohio Supreme Court has held that commercial general liability (CGL) insurance policies do not cover claims for the repair or replacement of faulty or defective workmanship, but that resulting property damage can trigger coverage as an “occurrence.” Westfield Ins. Co. v. Custom Agri. Sys., Inc.,… Continue reading Ohio Supreme Court – Claims for Property Damage to Insured’s Own Work Caused by Defective Workmanship not Covered under CGL Insurance Policies
Skip the Site Visit – Lose a Differing Site Conditions Claim
Rolly L. Chambers – December 21, 2012 Introduction Surprises happen on construction projects. Contracts with the federal government, a large and sophisticated owner, contain clauses from the Federal Acquisition Regulation, (“FAR”), that address the risk of the unforeseen and unanticipated. For example, the Changes clause at FAR §52.243-4 allows the government to make changes in… Continue reading Skip the Site Visit – Lose a Differing Site Conditions Claim
Will your Indemnity Clauses be Unenforceable on January 1, 2013?
Bryan C. Jackson and Gregory Clark December 17 2012 Amendments to California’s construction indemnity statutes will go into effect on January 1, 2013. Your commercial construction contracts may need to be modified or other strategies may need to be implemented or your indemnity clauses may be held void and unenforceable. We are available to revise your commercial… Continue reading Will your Indemnity Clauses be Unenforceable on January 1, 2013?
When is Work Product Not?
John I. Spangler, III & Deborah Cazan – December 10, 2012 Introduction Construction disputes present complex issues of causation—what caused the accident, the delay or the added costs. Third-party consultants are frequently engaged to evaluate and offer opinions on causation, performance, schedules and costs. Then, when the dispute or accident ends up in litigation, the… Continue reading When is Work Product Not?