Peter Strniste | Robinson & Cole Construction Law Zone | July 6, 2018 For years, general contractors and trade contractors have faced very strict “no damages for delay” clauses on New York State construction projects. The tides are changing. If signed into law, S. R. 06686, Reg. Sess. 2017-2018 (NY 2017) will require public entities… Continue reading Will Strict “No Damages for Delay” Clauses Be Outlawed on New York Public Construction Projects? Stay Tuned.
Tag: New York
Conditions Precedents in Construction Contracts
Kenneth M. Block and Joshua M. Levy | New York Law Journal | June 19, 2018 In their Construction Law column, Kenneth Block and Joshua Levy explore the differences between typical contract terms and those that rise to the level of conditions precedent, the latter requiring strict compliance to avoid forfeiture. Given the fast-paced nature… Continue reading Conditions Precedents in Construction Contracts
The Tenth Circuit’s Prediction: New York State Likely to Follow Trend Recognizing Damages Caused by Subcontractor’s Faulty Work is a Covered “Occurrence”
By Frederic J. Giordano and Stephanie S. Gomez | K&L Gates | May 17, 2018 The United States Court of Appeals, Tenth Circuit recently issued a favorable decision for policyholders finding property damage arising from a subcontractor’s faulty work arose from an accidental “occurrence” under New York law. In Black & Veatch Corp. v. Aspen Ins. (UK)… Continue reading The Tenth Circuit’s Prediction: New York State Likely to Follow Trend Recognizing Damages Caused by Subcontractor’s Faulty Work is a Covered “Occurrence”
Policyholders Bear the Risk When Insurance Was Unavailable on the Market
Alexis P. Joachim | Phelps Dunbar | April 26, 2018 On March 27, 2018, in a matter of first impression, the New York Court of Appeals ruled that under a “pro rata time-on-the-risk” allocation method, a policyholder bears the risk of uninsured years. In KeySpan Gas East Corp. v. Munich Reinsurance America, Inc., et al.,… Continue reading Policyholders Bear the Risk When Insurance Was Unavailable on the Market
Another Appellate Court Holds that Faulty Work Constitutes an Occurrence – This Time Under New York Law
Eric M. Gold | Pillsbury Winthrop Shaw Pittman LLP | April 16, 2018 It is axiomatic that in order to obtain insurance coverage a policyholder must first establish that a claim falls within a policy’s insuring agreement before coverage under the policy is triggered. For construction claims brought under CGL policies, that frequently means showing… Continue reading Another Appellate Court Holds that Faulty Work Constitutes an Occurrence – This Time Under New York Law