Contingent Payment Clauses in Utah “Deal or No Deal?”

Kent B. Scott | Babcock Scott & Babcock Introduction.  Contingent payment clauses provide parties involved in a construction project with a contractual method for determining who will absorb losses that may occur if the owner fails to pay for work performed on the project. In Utah, the law remains unsettled in this area, though some… Continue reading Contingent Payment Clauses in Utah “Deal or No Deal?”

Techniques to Maximize SDI Coverage and Streamline the Claim Process

Christopher Barbarisi | Construction Executive | February 21, 2017 Design-builders, general contractors and “at risk” construction managers are all vulnerable to the risk of a subcontractor default. Aside from contract-related safeguards, such as increased retention, joint checks and letters of credit, subcontractor surety bonds have been the traditional mechanism for third-party risk transfer. First introduced in the mid-1990s, subcontractor default… Continue reading Techniques to Maximize SDI Coverage and Streamline the Claim Process

Communicate with the Field to Nip Issues in the Bud

Christopher Hill | Construction Law Virginia | March 13, 2017 This past week, I spent some time meeting with clients and generally discussing the day to day operations of construction companies. One common theme of these discussions (and of this construction blog) was the need to deal with problems at a job site early. I… Continue reading Communicate with the Field to Nip Issues in the Bud

“Measurable Increase in Risk” Is Not Specific Enough Reason for Policy Cancellation

Christina Phillips | Property Insurance Coverage Law Blog | March 12, 2017 In August, I wrote a blog post about an insurer who had violated section 143.17a(a) of the Illinois Insurance Code by failing to provide adequate notice of their intention to non-renew a policy. As a result of its failure to timely provide notice… Continue reading “Measurable Increase in Risk” Is Not Specific Enough Reason for Policy Cancellation

Oregon Supreme Court Rules Insurer May Owe Attorney Fees Even After Settlement

Terri A. Sutton | Cozen O’Connor | March 1, 2017 The Oregon Supreme Court, in Long v. Farmers Insurance Company of Oregon, ruled that “when an insured files an action against an insurer to recover sums owing on an insurance policy and the insurer subsequently pays the insured more than the amount of any tender… Continue reading Oregon Supreme Court Rules Insurer May Owe Attorney Fees Even After Settlement