Property Damage, Construction Project, Contract Terms

UK Appeal Court Provides Authoritative Guidance on Construction All Risks Insurance Policies

K&L Gates LLP on 2/20/2025

In the UK Court of Appeal decision in Sky UK Limited and Mace Limited v. Riverstone, authoritative guidance has been provided on certain key principles that apply to Construction All Risks insurance policies....more

The Hurricane is Coming in Five Days - Are We Ready for This?

Carlton Fields on 8/30/2019

On August 24, 1992, Hurricane Andrew made landfall in Homestead, Florida as a Category 4 hurricane. At the time, it was the third most intense hurricane that ever struck the United States. Andrew had sustained winds of 149...more

District Court in Utah Grants Summary Judgment for Contractor Against Insurance Subrogation Claim Based on Contractual Waiver...

Troutman Pepper Locke on 5/31/2019

Aquatherm, LLC v. CentiMark Corp, 2019 BL 13240 (D. Utah Apr. 12, 2019) - Stag II Lindon LLC and Stag Industrial Inc. (collectively “Stag”) owned a building in Lindon, Utah. Stag contracted with CentiMark Corp....more

New Jersey Court Washes Away Insurer’s Waiver of Subrogation Arguments

White and Williams LLP on 4/8/2019

Subrogating insurers often address waiver of subrogation clauses in the form contracts drafted by the American Institute of Architects. In ACE Am. Ins. Co. v. Am. Med. Plumbing, No. A-5395-16T4, 2019 N.J. Super. LEXIS 45...more

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

Troutman Pepper Locke on 12/6/2018

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

A Fire Destroying More Than Half of the Project Is Not a Cardinal Change Where the Parties Entered into a Separate Agreement to...

Troutman Pepper Locke on 11/29/2018

IES Commercial, Inc. v. Manhattan Torcon, A Joint Venture, 2018 U.S. Dist. LEXIS 164973 (D. Md. Sept. 26, 2018) - In 2009, the Army Corps of Engineers hired Manhattan Torcon Joint Venture (“MT”) as general contractor to...more

Contractors: Are your contracts prepared for a Hurricane? A look into force majeure clauses following Hurricane Michael.

Shutts & Bowen LLP on 10/30/2018

Hurricane Michael made landfall on the Florida panhandle as the third strongest Atlantic hurricane on record to hit the United States. Hurricane Michael was the strongest hurricane, in terms of sustained winds, to hit the...more

Northern District of Mississippi Finds That Non-Work Property Damages Are Not Subject to AIA’s Waiver of Subrogation Clause

White and Williams LLP on 6/28/2018

In recent months, the Northern District of Mississippi has grappled with how to interpret waivers of subrogation in American Institute of Architects (AIA) construction industry contracts and, specifically, how they apply to...more

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