Marcus Miller and Ryan T. Kinder | Bradley Arant Boult Cummings A property owner is generally liable for hazards on the property that injure others. On construction projects, this presents a significant risk for owners because there are always multiple hazards present, and the owner, generally, has very little control or knowledge of all the… Continue reading Expansion of Premises Liability for Construction Owners
Category: Insurance
At a Glance: Construction Contracts and Insurance in USA
Michael S Zicherman and Robert S. Peckar | Peckar & Abramson Contracts and insurance Construction contracts What standard contract forms are used for construction and design? Must the language of the contract be the local language? Are there restrictions on choice of law and the venue for dispute resolution? Many different form contracts are utilised.… Continue reading At a Glance: Construction Contracts and Insurance in USA
Is Contractual Privity Required for Additional Insured Status? Courts Are Divided.
Ashley Cowgill and Eric Gold | Policyholder Pulse Blog In a previous post, we addressed blanket additional insured endorsements and the role they play in passing insurance obligations downstream. In short, the purpose of a “blanket” endorsement is to grant additional insured status to any company as required in a written contract with the named insured.… Continue reading Is Contractual Privity Required for Additional Insured Status? Courts Are Divided.
Is It Legal To Require Indemnification On Project Application Or As Condition Of Approval?
Ryan Michael Leaderman and Paloma Perez-McEvoy | Holland & Knight Highlights Local agencies routinely require project applicants to agree to indemnification on application forms or as conditions of approval. These agreements or conditions of approval typically include language requiring an applicant to agree to defend, indemnify, protect and hold harmless the local agency in any… Continue reading Is It Legal To Require Indemnification On Project Application Or As Condition Of Approval?
Continuous and Progressive Damage Raised Factual Question as to the Timing of “Occurrence”
Jeffrey S. Crowe | Sheppard Mullin Richter & Hampton Thomas Guastello v. AIG Specialty Insurance Company, — Cal.Rptr.3d –, 2021 WL 650878 (Cal. Ct. App., Feb. 19, 2021), Fourth Appellate District Court of Appeal, Case No. G057714. Various stakeholders in the Pointe Monarch housing development in Dana Point, California, accused subcontractor C.W. Poss Inc. (“Poss”)… Continue reading Continuous and Progressive Damage Raised Factual Question as to the Timing of “Occurrence”