News & Analysis as of

Construction Contracts Insurance Industry

Procopio, Cory, Hargreaves & Savitch LLP

[Webinar] 2024 Construction Law Forum - October 16th, 10:00 am PT

We invite you to attend a complimentary virtual event hosted by Procopio’s Construction & Infrastructure Law attorneys, along with guest industry experts, on Wednesday, October 16, 2024. This engaging half-day program will...more

White and Williams LLP

Not a Waiver for All: Maryland Declines to Apply Subrogation Waiver to Subcontractors

In Lithko Contr., LLC v. XL Ins. Am. Inc., No. 31, Sept. Term, 2023, 2024 Md. LEXIS 256, the Supreme Court of Maryland considered whether a tenant who contracted for the construction of a large warehouse facility waived its...more

Smith Debnam Narron Drake Saintsing & Myers,...

Five of the Most Common Construction Disputes that Require Construction Lawyers

Construction projects are often complex endeavors involving multiple parties, intricate contracts, and significant investments. Despite meticulous planning, disputes can arise, posing challenges that require legal expertise...more

Carr Maloney P.C.

To Pay or Not to Pay “Rip and Tear” Damages

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Should a contractor’s Commercial General Liability (CGL) insurance policy cover the expense of uncovering defective work causing damage to the owner’s property as well as the costs of exposing or accessing damaged building...more

Goldberg Segalla

[Webinar] Builder’s Risk Claims Challenges - July 25th, 12:00 pm - 1:00 pm EDT

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Join Partner Larry Mason as he lays a foundation for addressing builder’s risk claim challenges through an exploration of common losses, an overview of the available insurance coverage, an examination of delay damages, and a...more

Cozen O'Connor

Court Says Builder’s Risk Policy Limited Coverage for Additional Insureds

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In BCC Partners, LLC v. Travelers Prop. Cas. Co. of America, 2024 WL 1050117 (E.D. Mo. March 11, 2024), the Court determined that the plaintiff property owner, as an additional insured, was not entitled to the same insurance...more

Snell & Wilmer

A Contract Check Up for the Construction Industry

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We began the year discussing an insurance checkup for those working in the construction industry. Now, we are following up with a discussion of issues for a contract checkup, specifically for your ongoing long-term projects....more

Rivkin Radler LLP

New York Insurance Coverage Law Update - February 28, 2023

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Court Holds That Insurer Was Not Volunteer And May Seek Subrogation From Other Insurer But That Other Insurer’s Policy Is Excess- Walter Breitenbach, who was insured by Adirondack Insurance, struck a pedestrian with his...more

Bradley Arant Boult Cummings LLP

What happens when a “your work” exclusion collides with a “product completed operations” clause in a CGL policy?

A CGL policy typically defines “your work” as the work performed by or on behalf of the insured and the materials, parts, or equipment furnished in connection with such work. “Product-completed operations” coverage usually...more

Adams and Reese LLP

Emerging Trends in Construction Defect/Product Liability for Manufacturers

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There are several emerging trends in 2023 concerning construction component manufacturers. 1. Tendering to and/or Adding Subs and Suppliers to Claims/Cases/Matters The most notable trend specific to manufacturers is...more

Snell & Wilmer

Don’t Be Lazy with Your Tenders

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Our clients probably spend significant time, money and effort refining and updating their contract provisions covering indemnification and the duty to defend claims arising on their projects. But they should also consider...more

Adams and Reese LLP

Business Continuity in a Natural Disaster: First Steps on the Road to Recovery - October 2022

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As we begin to assess the damage from historic Hurricane Ian, Adams and Reese’s Disaster and Recovery Team is here to assist you. The Firm has extensive experience handling a wide range of disasters, including hurricanes Ida,...more

Wiley Rein LLP

No Coverage for Loss in Consequence of Social Engineering Fraud

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Applying North Carolina law, a federal district court has held that an E&O insurance policy does not provide coverage for loss arising from social engineering fraud despite the fact that the insured’s negligence also...more

K&L Gates LLP

Who's to Pay? Trade Contract Rather than Insurance Policy Controls Priority of Insurance Coverage under New York Law

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On 5 October 2021, a three-judge panel of the United States Court of Appeals for the Second Circuit unanimously held that, under New York law, the indemnity agreement in a contract between a contractor and subcontractor...more

Hinshaw & Culbertson LLP

[Webinar] Webinar Series: Insurance Insights – What Insurers Need to Know in 2021 - Construction Claims: A Practical Reservation...

Join us for Hinshaw's Webinar Series: Insurance Insights – What Insurers Need to Know in 2021. This series will feature insurance thought leaders from Hinshaw and RPC, presenting on the most pressing insurance claims topics...more

Sherman & Howard L.L.C.

[Webinar] 2021 Construction Law Seminar - February 18th, 8:00 am - 10:00 am MST

Join Sherman & Howard for our annual Construction Law Seminar, featuring presentations on the latest legal developments facing the industry. This virtual seminar is ideal for general contractors, subcontractors, real estate...more

Rivkin Radler LLP

Insurance Update - November 2020

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Our November Insurance Update touches upon some novel issues. •Is an appraisal action – a proceeding to determine fair stock value on the date of merger – a Securities Claim for purposes of a D&O policy? •Must a workers’...more

Farella Braun + Martel LLP

[Webinar] Real Estate Webinar Series - Dispute Resolution - September 1st - 3rd, 3:00 pm - 4:00 pm PT

As businesses in the real estate industry grapple with the fallout of the coronavirus pandemic, disputes are on the rise. Understanding your contractual rights early on can help you minimize your litigation risks and exposure...more

Jones Day

Construction Projects and Disputes: A Look Beyond the COVID-19 Lockdown, Part II

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It is becoming increasingly clear that the impact of the pandemic will continue to be felt once lockdown measures are relaxed and goods and services are remobilized and deals are rekindled. In addition, many governments are...more

King & Spalding

Disrupting the Disruptor: How a Prepared and Proactive Owner Can Mitigate the Effects of Coronavirus on Construction Projects

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Once a remote health issue in China, the rapidly spreading coronavirus (COVID-19) has become not only a global health concern but also potentially a global economic disruptor that could impact nearly every industry. The...more

Cohen Seglias Pallas Greenhall & Furman PC

What to Do When Your Insurance Carrier Says No: How to Protect Yourself from Coverage Denials

Join Cohen Seglias’ Construction Contracts & Risk Management Group for their 2020 webinar series. You expect your insurance carrier to provide coverage when a claim is made against your company. However, coverage denials...more

Cozen O'Connor

Is Your Indemnity Agreement Enforceable? How to Not Miss Out on this Critical Step in Risk Management

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Generally, indemnity agreements in construction contracts are a promise by which one party (the indemnitor) agrees to defend, indemnify, or hold harmless the other party (the indemnitee) for acts or omissions related to the...more

Haight Brown & Bonesteel LLP

Insurer Not Required to Pay Twice When Contractor Cashes Jointly Payable Check Under Authority Granted in Construction Contract

In Jozefowicz v. Allstate Ins. Co. (No. G055643, filed 5/28/19), a California appeals court held that Allstate was not required to pay the insured where his contractor negotiated a jointly payable check under a lost or stolen...more

Zelle  LLP

Texas Legislature Passes Two Important Bills Prohibiting Waiving of Deductibles and Expanding UPPA Prohibition to all Contractors

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The 86th Texas Legislative Session came to an end over the weekend. We are pleased to report that the Texas Legislature passed two very important bills that we have worked on for many months....more

Fox Rothschild LLP

Guideline And Checklists For Subrogation Recovery

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About the E-book This resource serves as a guideline for understanding subrogation recovery and the insurance claims processes in specific subrogation cases. From case intake and investigation to filing a suit and...more

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