Erik Tomberg and Spencer Hoisington | Wilson Elser On December 13, 2024, the North Carolina Supreme Court issued a ruling in a business interruption coverage case that strayed from the national trend of courts finding in favor of insurance carriers following government-ordered business closures during the COVID-19 pandemic. Specifically, in North State Deli, LLC, et… Continue reading A Warning To Carriers On The Risks Of Undefined Terms In Policies
First Circuit Broadly Interprets Exclusion in Commercial General Liability Policy Under Current Massachusetts Law
Bill Wilson | Construction Law Zone In Admiral Insurance Co. v. Tocci Building Corp., 120 F.4th 933 (1st Cir. 2024), the federal Court of Appeals ruled that, under current Massachusetts law, a general contractor’s Commercial General Liability (CGL) policy does not cover damage to non-defective work resulting from defective work by subcontractors. The defendant contractor was… Continue reading First Circuit Broadly Interprets Exclusion in Commercial General Liability Policy Under Current Massachusetts Law
Winning Construction Disputes: Strategic Negotiation for Better Outcomes
Mohamed Asker | The Dispute Resolver Construction projects are inherently complex, and disputes seem to be inevitable. Whether it’s a disagreement over defective work, delayed payments, or unforeseen site conditions, effective negotiation can mean the difference between a favorable settlement and an expensive, drawn-out battle. While many in the industry rely on traditional bargaining tactics… Continue reading Winning Construction Disputes: Strategic Negotiation for Better Outcomes
Subcontracts: Tips For General Contractors And Subcontractors
Mario Nicholas | Stoel Rives Drafting and negotiating subcontracts can be tricky for both general contractors and subcontractors. General contractors are caught in between owners and subcontractors as the ones that will be held responsible for the work performed by the subcontractor, and their subcontracts should reflect that risk. Subcontractors, on the other hand, may… Continue reading Subcontracts: Tips For General Contractors And Subcontractors
Mistake No. 8 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Know the Benefits and Perils of a Privately Administered Arbitration
David K. Taylor | BuildSmart I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or arbitrator in construction disputes. I have made my share of mistakes and… Continue reading Mistake No. 8 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Know the Benefits and Perils of a Privately Administered Arbitration