Pay-When-Paid: What is a Reasonable Amount of Time to Withhold Payments to a Subcontractor?

Brent R. Laman | Smith Currie & Hancock In an early Rolling Stones classic, Mick Jagger sang, “Ti-i-i-ime is on my side.” The refrain to that hit melody “yes it is” appears to hold true if you are a subcontractor in New York looking to get paid for completed work even while the owner and… Continue reading Pay-When-Paid: What is a Reasonable Amount of Time to Withhold Payments to a Subcontractor?

Insurer Entitled to Reimbursement of Defense Costs Under Unjust Enrichment Theory

Tred R. Eyerly | Insurance Law Hawaii     The federal district court for the district of Hawaii determined that the insurer could recover defense costs from an additional insured consistent with its Reservation of Rights letter under an unjust enrichment theory. Giga, Inc. v. Kiewit Infrastructure W. Co., 2020 U.S. Dist. LEXIS 10151 (D. Haw.… Continue reading Insurer Entitled to Reimbursement of Defense Costs Under Unjust Enrichment Theory

Construction Wrap-Up Insurance Programs: Erecting a Solid Foundation, Part II

Dennis J. Artese, Finley T. Harckham and Luma S. Al-shibib | Construction Executive In the construction industry, owner-controlled insurance programs (OCIPs) and contractor-controlled insurance programs (CCIP), also referred to as “wrap-ups,” commonly are used to provide insurance coverage for the owner, general contractor and subcontractors on a project. Part I previously covered the basics and implementation of… Continue reading Construction Wrap-Up Insurance Programs: Erecting a Solid Foundation, Part II

Are COVID-19 Claims Covered by Builders Risk Insurance Policies?

Cheryl L. Kozdrey | Saxe Doernberger & Vita and Jason M. Adams | Gibbs Giden Locher Turner Senet & Wittbrodt If you are an attorney, insurance broker, or other professional representing developers and contractors, then your clients have likely reached out with concerns about losses related to COVID-19. One common question is whether there is… Continue reading Are COVID-19 Claims Covered by Builders Risk Insurance Policies?

Why Leaders Need to Resist Rewriting Insurance Contract Language

Gregory V. Serio | Insurance Journal Soon after the attacks on the World Trade Center and other locations on the morning of September 11th, President Bush declared that the atrocities were “an act of war.” That statement prompted a call to me from a friend and influential member of Congress from Buffalo, John LaFalce, during… Continue reading Why Leaders Need to Resist Rewriting Insurance Contract Language