Jonathan Rosenfeld | Rosenfeld The general rule in Illinois is that workers’ compensation is an injured employee’s sole remedy for workplace injuries unless certain very limited exceptions apply. 820 ILCS 305/5 states that there is no right to recover for these injuries or death “other than the compensation herein provided.” Of course, the compensation that the statute… Continue reading Can a Subcontractor Employee File a Personal Injury Lawsuit Against the General Contractor?
Tag: Subcontractor
Michigan Finds Coverage for Subcontractor’s Faulty Work
Tred R Eyerly | Insurance Law Hawaii The Michigan Supreme Court held that under a CGL policy, an “accident” may include unintentional subcontractor work that damages the insured’s work product. Skanska USA Building Inc. v. M.A.P. Mechanical Contractors, Inc., et al., 2020 Mich. LEXIS 1194 (Mich. June 29, 2020). Skanska USA Building… Continue reading Michigan Finds Coverage for Subcontractor’s Faulty Work
Subcontractors Found Liable to Reimburse Insurer Defense Costs in Equitable Subrogation Action
Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel In Pulte Home Corp. v. CBR Electric, Inc. (No. E068353, filed 6/10/20), a California appeals court reversed the denial of an equitable subrogation claim for reimbursement of defense costs from contractually obligated subcontractors to a defending insurer, finding that all of the elements for equitable subrogation… Continue reading Subcontractors Found Liable to Reimburse Insurer Defense Costs in Equitable Subrogation Action
Coverage for Defective Work? Michigan Joins Majority
Alexander G. Thrasher and Heather Howell Wright | Buildsmart Michigan has joined the majority of jurisdictions in holding that a general liability policy may provide coverage for claims for property damage allegedly caused by the defective work of a subcontractor. In a unanimous decision reversing the Michigan Court of Appeals, the Michigan Supreme Court held… Continue reading Coverage for Defective Work? Michigan Joins Majority
Timing Is Everything: Miller Act Notice Defect Saves Surety
Douglas L. Patin, Aron C. Beezley and Amandeep S. Kahlon | Buildsmart The Miller Act protects subcontractors from nonpayment on federal projects by requiring prime contractors to issue payment bonds. To obtain relief under the Miller Act, a subcontractor must (1) give the prime contractor written notice of its claim within 90 days of the… Continue reading Timing Is Everything: Miller Act Notice Defect Saves Surety