Building Success Despite Failure

Samuel M. Starr and Kevin J. Walsh – December 5, 2011 In today’s economy, we continue to see bankruptcies occurring in the construction sector. An owner, contractor, or subcontractor in financial distress can easily delay a project — or worse, jeopardize the project in its entirety. Contractors need to understand their rights in order to… Continue reading Building Success Despite Failure

Contractor Basics: Claims Recognition and Documentation

Given current economic conditions, most contractors are not in a position to simply walk away from legitimate claims for additional compensation with the expectation that the lost dollars will be recovered through the next profitable job down the road.  Despite the fact that some contractors have historically been averse to making claims, limited project opportunities,… Continue reading Contractor Basics: Claims Recognition and Documentation

Greystone Construction v. National Fire & Marine Insurance affects construction-defect coverage

November 21, 2011 On November 1, 2011, the Tenth Circuit Court of Appeals issued a ruling that will significantly impact construction-defect insurance coverage. In Greystone Construction, Inc. v. National Fire & Marine Insurance Co., the court addressed the definition of the term “accident,” as it relates to the meaning of the term “occurrence” in Commercial General… Continue reading Greystone Construction v. National Fire & Marine Insurance affects construction-defect coverage

Collaborative methods increase exposure

Judy Greenwald November 13, 2011 – 6:00am New approaches that have emerged in construction that have led to an increased demand for contractors’ professional liability insurance include integrated project delivery and building information modeling, although both may present underwriting challenges for insurers. Observers say the idea behind IPD is that all the team members involved… Continue reading Collaborative methods increase exposure

Shifting of liability nixed by new California contractor’s law – Lexology

After January 1, 2013, under new California law, “Type I” indemnity provisions covering the indemnitee’s concurrent active negligence will no longer be enforceable, and owners’ and contractors’ ability to shift the costs of defense to downstream subcontractors and suppliers will be limited. On October 9, 2011, California Governor Edmund G. Brown, Jr. signed into law… Continue reading Shifting of liability nixed by new California contractor’s law – Lexology

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