Kevin Mapes | The Policyholder Report | February 20, 2018 A recent decision from the U.S. District Court for the Western District of Washington again demonstrates the decidedly pro-policyholder nature of insurance-coverage law in the state of Washington. Like so many coverage cases, 2FL Enterprises, LLC v. Houston Specialty Insurance Co., arose from underlying construction-defect litigation.… Continue reading In Washington, an Insurer Cannot Refuse to Defend, Change Its Mind, and Still Expect to Control the Defense or Avoid Bad Faith
Tag: Advise & Consult
Additional Insured Status: Playing The Speak-Out Game On A Construction Project
Matthew DeVries | Best Practices Construction Law | February 21, 2018 Last weekend we played Speak-Out: Kids versus Parents, a game where you use a plastic thingy to obstruct your speech capabilities. The winning team is the one that guesses the most phrases. Reading and understanding an insurance policy on a construction project can be a… Continue reading Additional Insured Status: Playing The Speak-Out Game On A Construction Project
Pay-if-Paid Enforced Opening Door to Subcontractor Claim Against Owner
Katharine E. Kohm | The Dispute Resolver | February 24, 2018 In Superior Steel, Inc. v. Ascent at Roebling’s Bridge, LLC, No. 2015-SC-000204-DG, 2017 WL 6380218 (Ky. Dec. 14, 2017), a subcontractor and a sub-subcontractor sued the general contractor and owner for the failure to pay for extra work. The general contractor and owner cross-claimed against the other for, inter alia, indemnification. At the jury… Continue reading Pay-if-Paid Enforced Opening Door to Subcontractor Claim Against Owner
Robots Are Coming to the Construction Site
Kendall Jones | Construct Connect | February 23, 2018 In a recent post, we discussed the likelihood of robots replacing human labor on the construction site. While there may be some attrition in the future, the most likely scenario is that robots will be used alongside human workers to augment their work, keep them safer and… Continue reading Robots Are Coming to the Construction Site
Miller Act Bond Claims Subject to “Pay If Paid”. . . Sometimes
Christopher G. Hill | Construction Law Musings | February 7, 2018 The Federal Miller Act is a great tool that subcontractors and suppliers on Federal projects can use for collection of wrongfully withheld amounts due. However, as a recent federal case from the Eastern District of Virginia points out, the construction contract’s terms affect when a subcontractor… Continue reading Miller Act Bond Claims Subject to “Pay If Paid”. . . Sometimes