News & Analysis as of

Construction Contracts Commercial General Liability Policies Construction Project

Carlton Fields

Eleventh Circuit Holds Course of Construction Exclusion Applies to Water Damage as Project Was Not Fully Complete

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In Liberty Surplus Insurance Corp. v. Kaufman Lynn Construction Inc., the Eleventh Circuit Court of Appeals held that a “course of construction exclusion” in a commercial general liability precluded coverage for water damage...more

Mandelbaum Barrett PC

Preventing and Resolving Construction Disputes: Types of Insurance in Construction Contracts

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Key Insurance Types for Construction - Construction projects often involve numerous risks, but various insurance policies are designed to mitigate these....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

Jones Day

Navigating Indemnity Disputes in an Ever-Changing Legal Environment

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In Short - The Background: Indemnity clauses are often included in contracts and can be extremely valuable, but they also raise many potential challenges to enforcing them, including state statutes, common law...more

Carlton Fields

Second Circuit Gives Lesson in Interplay Between Construction Contracts and CGL/Umbrella Policies

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On construction projects, it is common for the owners, general contractors, and subcontractors to execute various contracts requiring the parties to procure insurance and have other parties designated as additional insureds...more

Saiber LLC

The Saiber Construction Law Column: November/December 2022

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In July 2022, the Supreme Court of New Jersey issued an opinion, Crystal Point Condominium Association, Inc. v. Kinsale Insurance Co., which considered whether (1) a condominium association that had obtained default judgments...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 6, 2022

Bridges, Natural Disasters and Liability - The Skanska Decision (Part 2) - In the last edition of The Site Report, we discussed the legal issues surrounding the damage caused by Skanska's construction barges to the new...more

Miller Nash LLP

Understanding Insurance Terms in Construction Contracts

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Construction contracts at all tiers usually include terms requiring certain types of insurance, and often contain related provisions about indemnity. This “boilerplate” can be important if a job goes south, so here’s a short...more

Hinshaw & Culbertson - Insights for Insurers

Second Circuit Rules Indemnity Provision in Construction Contract Trumps "Other Insurance" Clause in Determining Priority of...

A recent decision by a panel of the U.S. District Court of Appeals for the Second Circuit serves as a reminder that sometimes insurers and policyholders must look outside the insurance policies to determine the priority of...more

Ervin Cohen & Jessup LLP

Construction Defect Damages May Exceed Cost To Repair

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Construction defect cases often involve damage claims beyond simply the cost to repair the allegedly defective unit or component. These consequential damages may include damages for loss of use, expenses for mitigation and...more

Kilpatrick

10 Key Takeaways - Considerations for Construction and Design Contracts

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Whether your company is about to upsize, downsize, relocate, or reconfigure its space, there is a good chance there is a construction project in your company’s future. During the Association of Corporate Counsel Houston...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Construction Law for Contractors, Beyond the Basics - June 25th, 12:00 pm - 1:00 pm ET

In the course of managing a construction company, its projects and people, contractors, subcontractors, and owners, are likely to run into legal issues beyond simple claims. In this webinar, Michael McKenna will identify some...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

Troutman Pepper Locke

The Buckeye State Bucks Recent Trend: Ohio Supreme Court Holds That Property Damage Caused By A Subcontractor’s Faulty Work Does...

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Ohio N. Univ. v. Charles Constr. Servs., 2018 Ohio LEXIS 2375 (Oct. 9, 2018) - This case arose out of the construction of an inn and conference center at Ohio Northern University (“ONU”). After completion of the project,...more

Tarter Krinsky & Drogin LLP

Court Of Appeals Upholds Impactful Decision In The Gilbane Case

As we wrote in April 2017, the case of Gilbane Bldg. Co./TDX Constr. Corp., v. St. Paul Fire & Mar. Ins. has become the harbinger of the insurance world in regard to the effectiveness of an additional insured endorsement. On...more

Snell & Wilmer

Under Construction - December 2017

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Letter from the Editor - Welcome to the final 2017 edition of our Under Construction newsletter. It is hard to believe that 2018 is right around the corner! In this issue, we highlight several topics affecting the...more

Carlton Fields

Subcontractor Exception Torpedoes Insurers’ Defense To Faulty Workmanship Claim

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As this blog has reported, a line of cases deciding coverage disputes over faulty workmanship runs against (or, at least, around) a basic rule for interpreting insurance policies. Under that rule, the scope of coverage is...more

Snell & Wilmer

“Rip and Tear” Damage Remains Covered Under CGL Policy as “Accident”—for Now.

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The Colorado Supreme Court has approved a settlement between the parties to an appeal of the 2012 Colorado Pool Systems v. Scottsdale Insurance Company Court of Appeals case, leaving that ruling intact. The ruling parses a...more

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