Bradley Sands | ConsensusDocs Subcontractor claims happen. When those subcontractor claims are prompted by owner actions or responsibilities, the general contractor must always be vigilant to plan for and work to avoid a two-front war in which the general contractor is pushing the owner for recovery while at the same time disputing the subcontractor’s entitlement.… Continue reading Pass-Through Subcontractor Claims, Liquidating Agreements, and Avoiding a Two-Front War
Category: Construction Claims
Claims Handling: Questions Are the Answer
Michael Melendez and Chad Pasternack | Cozen O’Connor The key issue in insurance bad faith litigation is whether the claims professional reasonably handled the claim. Throughout the claims-handling process, the claims professional should constantly ask him-or-herself whether the investigation is sufficient to support a coverage determination and how someone might challenge that determination. By asking… Continue reading Claims Handling: Questions Are the Answer
Coming to Construction Claims – The Collateral Source Rule
Andrew Atkins, Peter Marino and William Vaughn | Smith Anderson In another significant opinion from the North Carolina appellate courts, the Court of Appeals recently expanded the application of the collateral source rule to negligence claims arising out of construction disputes in a case of first impression, Carolina-A-Contracting, LLC v. J. Scott Campbell Construction Company, Inc.,… Continue reading Coming to Construction Claims – The Collateral Source Rule
Illinois Court Determines Duty to Defend Construction Defect Claims
Tred R. Eyerly | Insurance Law Hawaii Given the underlying allegations of damage to personal property, the court determined the insurer had a duty to defend. Certain Underwriters at Lloyd’s London v. Metropolitan Builders, Inc., 2019 Ill. App. LEXIS 979 (Ill. Ct. App. Dec. 18, 2019). Metropolitan was hired as the general… Continue reading Illinois Court Determines Duty to Defend Construction Defect Claims
The Claim Process – Concurrent Delays: Understanding the Impact on Delay Claims
Amandeep Kahlon | Bradley Arant boult Cummings A delay is “concurrent” is a delay to the critical path of the project caused by multiple events not exclusively controlled by one party. If you are impacted by a delay to the critical path that was not within your control but are responsible for another overlapping delay to… Continue reading The Claim Process – Concurrent Delays: Understanding the Impact on Delay Claims