Jeffrey M. Gallant and Scott D. Garbo | Clark Hill | February 14, 2018 Do architects and engineers owe a common law duty (i.e. non-contractual duty) to Contractors or Owners for alleged negligence, errors, or omissions when performing services? That answer may depend on what services are at issue. A recent unpublished Michigan Court of… Continue reading Do Architects and Engineers Owe a Legal Duty to Non-Contracting Parties?
Tag: Advise & Consult
Ambiguity Kills in Construction Contracting
Christopher G. Hill | Construction Law Musings | February 7, 2018 Well, I’m back and hope to have a more consistent publishing schedule moving forward. I appreciate the continued readership through what has been a busy time for my solo construction practice over the last couple of months. Now, back to our program. . . Here at… Continue reading Ambiguity Kills in Construction Contracting
Construction Defect Claim Must Be Defended Under Florida Law
Tred R. Eyerly | Insurance Law Hawaii | February 7, 2018 The Eleventh Circuit found that the insured caused property damage to areas beyond its own work, obligating the insurer to defend. Addison Ins. Co. v. 4000 Island Blvd. Condo. Ass’n, 2017 U.S. App. LEXIS 26870 (11th Cir. Dec. 28, 2017). The condominium association contracted with… Continue reading Construction Defect Claim Must Be Defended Under Florida Law
Contractors: Consult Your Insurance Broker Regarding Your CGL Policy
David Adelstein | Florida Construction Legal Updates | February 10, 2018 Contractors: do yourself a favor and consult your insurance broker regarding your commercial general liability (CGL) policy. Do this now, especially if you subcontract out work. CGL policies contain a “your work” exclusion. The CGL policy is written such that it excludes “‘property damage’ to ‘your work’ arising… Continue reading Contractors: Consult Your Insurance Broker Regarding Your CGL Policy
Can Your Insurance Company Change Its Position Regarding Coverage For Your Claim?
Lawrence Moon | Property Insurance Coverage Law Blog | February 17, 2018 Answer: It depends, on several factors, such as: The applicable state law, the insurance company’s prior position, or positions (e.g., did it accept or deny coverage?), how it expressed that position, or positions (e.g., did it accept coverage under a reservation of rights,… Continue reading Can Your Insurance Company Change Its Position Regarding Coverage For Your Claim?