Matthew M. Brady | Pillsbury Winthrop Shaw Pittman LLP | December 5, 2014 In Cincinnati Ins. Co. v. AMSCO Windows, No. 13-4155, 2014 WL 6679589, at *3 (10th Cir. Nov. 26, 2014), the United States Court of Appeals, Tenth Circuit, held that construction defects brought against a window manufacturer (“AMSCO”) were “occurrences” as defined under the… Continue reading What Constitutes an “Occurrence” in your CGL Policy?
5 Contract Phrases that Could Cost Construction Clients
Insurance Business | December 15, 2014 The intricacies of insurance requirements in construction contracts seem like they’ve never been denser. According to a new white paper from Lockton Companies, insurance carriers are increasingly implementing restrictive additional insured endorsements, making full transfer of contributory negligence difficult. “There is a wide array of words and phrases that… Continue reading 5 Contract Phrases that Could Cost Construction Clients
Is the Med-Arb Format Right For You?
Nicholas P. Brown | The Dispute Resolver | December 11, 2014 As the cost of litigation has grown and the appetite for its attendant risks declined, owners and contractors have increasingly relied upon mediation and binding arbitration to resolve disputes. One particularly unique dispute resolution format is the combination mediation/arbitration (or “med-arb”) where the same… Continue reading Is the Med-Arb Format Right For You?
Architect’s Markings on Drawings Did Not Trump Terms of Construction Contract
Timothy J. Abeska | Barnes & Thornburg LLP | December 15, 2014 Construction contracts often incorporate multiple documents by reference. A recent Indiana case provides an example of a court enforcing contract provisions rather than markings on construction drawings that are inconsistent with contract requirements. Goodrich Quality Theaters, Inc. v. Fostcorp Heating and Cooling, Inc.,… Continue reading Architect’s Markings on Drawings Did Not Trump Terms of Construction Contract
General Contractors Beware of Subordination Clauses
Amy M. Anker, Esq. | Construction Chaos | December 10, 2014 In California, a general contractor can usually rest assured that in the event of nonpayment, it can rely upon the remedy of a mechanics lien, which remedy is, in fact, even a constitutional right. The priority rights accorded to mechanics liens are strong. For example,… Continue reading General Contractors Beware of Subordination Clauses