David Adelstein | Florida Construction Legal Updates Common law indemnity is not an easy claim to prove as the one seeking common law indemnity MUST be without fault: Indemnity is a right which inures to one who discharges a duty owed by him, but which, as between himself and another, should have been discharged by the… Continue reading Contractor Prevailing Against Subcontractor on Common Law Indemnity Claim
Category: Insurance
Don’t Conspire to Build a Home…Wait…What?
Ben Volpe | Colorado Construction Litigation In 1986, the Colorado General Assembly enacted the Pro Rata Liability Act, codified at C.R.S. § 13-21-111.5, which eliminated joint and several liability for defendants in favor of pro rata liability.[1] The statute was “designed to avoid holding defendants liable for an amount of compensatory damages reflecting more than their respective… Continue reading Don’t Conspire to Build a Home…Wait…What?
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