Risk Transfer in Construction: Subrogation, Indemnity and Additional Insured Provisions

Lawrence T. Bowman, Donald A. Waltz and Ashley Veitenheimer | Kane Russell Coleman Logan | February 19, 2019 I. INTRODUCTION The construction industry is the largest single production sector in the United States economy. Construction encompasses a significant percentage of capital expenditures. It employs approximately five percent of the workforce. This is a significant percentage… Continue reading Risk Transfer in Construction: Subrogation, Indemnity and Additional Insured Provisions

“If it isn’t Broken…”: A Practical Guide to the Effective Use of Standard Forms of Contract

Kiran Giblin and Inga Hall | K&L Gates | February 21, 2019 Standard form building contracts play an important role in many construction and engineering projects. There are various advantages to using standard form contracts (as further detailed below), with a wide array of standard forms available to suit the particular types of parties, works… Continue reading “If it isn’t Broken…”: A Practical Guide to the Effective Use of Standard Forms of Contract

Top 7 Sources Of Uncertainty In Building Design And Construction

George M. Nicholos | Vandeventer Black | December 7, 2018 Recently the American Institute of Architects (AIA) and Dodge Data & Analytics and other allied construction industry parties conducted research to identify the top sources of uncertainty in design and construction along with best practices for managing associated risk. And the top (7) are: Owner-driven… Continue reading Top 7 Sources Of Uncertainty In Building Design And Construction

Supreme Court Settles Age-Old Arbitrability Debate

William G. Geisen | Stites & Harbison | February 20, 2019 Many construction contracts designate arbitration as the means to adjudicate disputes which are not resolved through executive negotiation, mediation or some alternate method. Occasionally, a question arises whether the claim falls within the scope of the arbitration clause. In other words, the parties debate… Continue reading Supreme Court Settles Age-Old Arbitrability Debate

Contractor Acted as an Unlicensed Public Adjuster, Notwithstanding Assignment of Claim and Benefits

Christina Phillips | Property Insurance Coverage Law Blog | February 22, 2019 Just last week, the Iowa Court of Appeals in 33 Carpenters Construction, Inc. v. The Cincinnati Insurance Company,1 held that 33 Carpenters, a contractor who was the assignee of a hail and wind storm claim, acted as an unlicensed public adjuster. 33 Carpenters, a home-repair… Continue reading Contractor Acted as an Unlicensed Public Adjuster, Notwithstanding Assignment of Claim and Benefits