Levelset

SEPTEMBER 23, 2022

At their core, insurance policies are agreements between two parties: the insurer and the policyholder. If a sub accidentally drops a steel beam on the project manager’s new sports car, that subcontractor’s liability insurance policy would likely cover the damage. General liability insurance.

Insurance 52

Insurance Liability Accidents Risk 52

Constructlaw

NOVEMBER 22, 2022

The New York Supreme Court (New York’s trial court) dispatched all of the owner’s claims on summary judgment. The designer, which had specified the wrong type of turbine, invoked New York’s three-year statute of limitations to defeat the owner’s professional negligence claim. Click here to view full opinion as PDF.

New York 52

New York Risk Claims Liability 52

Mr Ethics

AUGUST 24, 2016

If you are performing services on a project and the code requires you to admit to any errors or work defects performed by you; you could run afoul of your professional liability insurance policy. Insurance carriers want to know where claims may come from before you admit to any liability.

Liability 100

Liability Insurance Agreement Claims 100

Mr Ethics

AUGUST 24, 2016

If you are performing services on a project and the code requires you to admit to any errors or work defects performed by you; you could run afoul of your professional liability insurance policy. Insurance carriers want to know where claims may come from before you admit to any liability.

Liability 100

Liability Insurance Agreement Claims 100

Mr Ethics

AUGUST 24, 2016

If you are performing services on a project and the code requires you to admit to any errors or work defects performed by you; you could run afoul of your professional liability insurance policy. Insurance carriers want to know where claims may come from before you admit to any liability.

Liability 100

Liability Insurance Agreement Claims 100

Construction and Infrastructure Law

JANUARY 9, 2020

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. Indemnification clauses are arguably the most important part of an agreement when an accident or dispute arises on a project.

Liability 90

Liability Agreement Drafting Insurance 90

Mr Ethics

NOVEMBER 30, 2015

Our contract calls for us to be the initial decision maker for any contractor disputes that arise on the project including any claims that allege errors and omissions against us. Even if a ruling is unbiased a perception is still going to be that you were covering an exposure of liability that you committed.

Liability 100

Liability Utah Agreement Claims 100

Mr Ethics

NOVEMBER 30, 2015

Our contract calls for us to be the initial decision maker for any contractor disputes that arise on the project including any claims that allege errors and omissions against us. Even if a ruling is unbiased a perception is still going to be that you were covering an exposure of liability that you committed.

Liability 100

Liability Utah Agreement Claims 100

Mr Ethics

NOVEMBER 30, 2015

Our contract calls for us to be the initial decision maker for any contractor disputes that arise on the project including any claims that allege errors and omissions against us. Even if a ruling is unbiased a perception is still going to be that you were covering an exposure of liability that you committed.

Liability 100

Liability Utah Agreement Claims 100

Construction and Infrastructure Law

JANUARY 9, 2020

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. Indemnification clauses are arguably the most important part of an agreement when an accident or dispute arises on a project.

Liability 52

Liability Agreement Drafting Insurance 52

Best Practices Construction Law

OCTOBER 10, 2012

The claims were made by the contractor on its own behalf, as well as on the behalf of its subcontractor. The claim was presented by the contractor to the DOT. There is a reason why I call the Severin doctrine a pass-through-plus claim. A well drafted liquidation agreement will generally accomplish this purpose.

Claims 48

Claims Rhode Island DOT Liability 48

Constructlaw

APRIL 20, 2023

FE&C’s amended complaint included a claim for violation of the federal Prompt Payment Act (PPA). In response, FE&C advanced a creative theory of liability — “FE&C is not bringing a private right of action under the federal Prompt Payment Act, but is instead seeking enforcement of a contractual penalty.”

Tennessee 52

Tennessee Subcontracting Missouri Claims 52

Levelset

OCTOBER 13, 2022

If you’re bidding on contract work, you will likely need a COI per terms of a legal agreement. Aside from owners and GCs, a government entity may want to see proof of liability insurance. This party may want a COI to ensure they are protected from liability in the event of a product-related injury or accident.

Insurance 52

Insurance Certification Contractors Liability 52

Constructlaw

JUNE 17, 2022

Most frequently, the Economic Loss Doctrine bars negligence claims. Its outer bounds begin with intentional torts, and most jurisdictions do not apply the Economic Loss Doctrine to fraud claims. Dream Finders Homes claimed that Weyerhaeuser misrepresented the nature of the joists and claimed remediation costs and legal expenses.

Colorado 52

Colorado Tennessee Claims Contract 52

Levelset

SEPTEMBER 6, 2022

In short, an additional insured is typically another business entity or person who can be added to your business policy, securing the same liability protection that you do. An additional insured agreement allows a policyholder to extend their business insurance coverage to a specific third party. What is an additional insured?

Insurance 52

Insurance Liability Construction Contract 52

NH Construction Law

AUGUST 31, 2023

Subrogation – the right of an insurer, upon paying an injured party’s damages arising out of a negligence claim, to chase the negligent party for reimbursement – is a staple of the law. The contractor and therefore the contractor’s liability insurer will be off the hook. ” Chase v.

Insurance 40

Insurance Liability Claims AIA 40

Construction Law Monitor

AUGUST 9, 2011

Liquidating Agreement. Another technical term that is not often discussed in construction, yet is present in many construction contracts is the mechanism know as a “liquidating agreement” Sloan pg 16. Do not confuse a liquidating agreement with liquidated damages. Sloan pg 17. See Carl A. Calvert & Carl F.

Agreement 57

Agreement Contract Insurance Construction 57

Best Practices Construction Law

MAY 27, 2016

I previously blogged about the rules relating to pass-through claims , where a prime contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. KBR submits a certified claim with the Army for $10.4 In Kellogg Brown & Root Servs., million; and. million; and.

Claims 63

Claims Liability Contract Contractors 63

Green Building Law Update

AUGUST 8, 2015

District Court for Maryland, filed a Stipulation of Dismissal with Prejudice following a confidential Settlement Agreement and Mutual Release. Less than 50 days after the trial judge recited those facts in an opinion granting in part and denying in part cross motions for summary judgment, the parties entered into the Settlement Agreement.

Liability 120

Liability Maryland Green Agreement 120

Green Building Law Update

AUGUST 8, 2015

District Court for Maryland, filed a Stipulation of Dismissal with Prejudice following a confidential Settlement Agreement and Mutual Release. Less than 50 days after the trial judge recited those facts in an opinion granting in part and denying in part cross motions for summary judgment, the parties entered into the Settlement Agreement.

Liability 120

Liability Maryland Green Agreement 120

Green Building Law Update

DECEMBER 13, 2015

With an Order Of Judgment, in favor of Permapost Products Company against Weyerhaeuser Company filed on November 17, 2015, resolving the final third party claims, the more than 15 year old disputes and differences over the construction of the Chesapeake Bay Foundation’s Philip Merrill Environmental Center, in Annapolis, Maryland, are over.

Foundation 120

Foundation Liability Maryland Claims 120

Constructlaw

FEBRUARY 7, 2023

The contractor and subcontractors moved for summary judgment, asserting that the carriers’ claims were barred by the mutual waiver of subrogation contained in the prime contract. The trial court agreed that the waiver of subrogation barred the carriers’ claims and granted the motion for summary judgment.

Louisiana 52

Louisiana AIA Insurance Contract 52

Construction and Infrastructure Law

FEBRUARY 6, 2018

AB 1701 “does not prohibit a direct contractor or subcontractor at any tier from establishing by contract or enforcing any otherwise lawful remedies against a subcontractor it hires for liability created…” Accordingly, direct contractors across California should take a closer look at the terms of their agreements with subcontractors.

California 49

California Contractors Liability Employment 49

Construction Dive

JULY 23, 2014

The designer’s responsibilities – and liabilities – are to the owner. Liability in negligence to non-contracting parties would upset this carefully negotiated balance. A contractor “must look to its agreement with the owner for damages if the project is not as represented.” ” Read more.

Drawings 57

Drawings Contractors Design Liability 57

Construction Lawyer

APRIL 3, 2012

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Federal Court dismisses subs claim against GC because of arbitration provision. Liquidation Agreement did not supercede agreement to arbitrate.

Claims 40

Claims Agreement Illinois Subcontracting 40

Levelset

SEPTEMBER 12, 2022

” You may already have an insurance policy that offers coverage for business property and general liability. Frequently, the terms of a construction contract require that a sub be named as an additional insured on the contractor’s general liability policy. But, therein lies the rub. .

Insurance 52

Insurance Liability Risk Materials 52

Construction Lawyer

MAY 30, 2012

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Unlimited liability for designers and contractors. This effectively wiped out the existing statute of repose and revived Sverdrups liability.

Liability 40

Liability Contractors Design Minnesota 40

Levelset

JULY 21, 2022

A contractor bond is a three-party agreement. In the event of a valid claim against the license bond, the principal must reimburse the surety company for any payouts. The surety company is responsible for requesting reimbursement from the contractor after a claim payout has been made on the contractor’s behalf.

Contractors 52

Contractors Claims Oregon Residential 52

NH Construction Law

DECEMBER 19, 2020

2002) (“Thus, the liability of a surety and its principal on a Miller Act payment bond is coextensive with the contractual liability of the principal only to the extent that it consistent with the rights and obligations created under the Miller Act.”). United States ex rel. Walton Technology v. Westar Engineering , 290 F.3d

Subcontracting 40

Subcontracting New Hampshire Liability Defense 40

Construction Dive

FEBRUARY 12, 2014

By Bruce Jervis Commercial general liability (CGL) insurance policies have been the source of much controversy in the construction industry. There is no coverage for liability the contractor assumed under a contract or agreement. But do the policies cover the work itself? Insurers certainly don’t intend them to.

Insurance 55

Insurance Contractors Liability Injury 55

Levelset

OCTOBER 20, 2022

You pay pennies on the dollar for coverage that could range into the millions for general liability (GL) insurance, for example. Below is a list of coverages that can be obtained through a separate policy or amendment to an existing agreement. . General liability may help pay for the cost of repair. . Protecting your property.

Insurance 52

Insurance Liability Electrical Accidents 52

Construction Lawyer

NOVEMBER 11, 2007

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Limitation of Liability in new AIA Document. One of the new 2007 AIA documents is B103 -- Owner-Architect Agreement for a Large or Complex Project.

Liability 40

Liability AIA Documentation Illinois 40

NH Construction Law

JUNE 30, 2022

Still, contracts excusing a party from liability for the harm he causes have never been favorites of the courts, which often show a willingness to entertain exceptions to the enforceability of such clauses. Because freedom of contract is an overarching principle in the law, courts generally enforce no-damages-for-delay clauses. ”).

Liability 40

Liability Contract Iowa Contractors 40

Green Building Law Update

APRIL 7, 2020

The bill also establishes liability protections for MDE and the State. It is unclear how this impacts State enforcement of these toxic groundwater contaminants through the Clean Water Act and Safe Drinking Water Act as well as State liability? HB 619 Maryland law and regulations are today silent with regard to PFAS including PFOA.

Maryland 156

Maryland Commissioning Regulation Environment 156

NH Construction Law

MAY 20, 2023

The Court relied on the general rule of contract law that “Where a promisor ‘prevents or hinders’ fulfillment of a condition which otherwise would have been fulfilled, ‘performance of the condition is excused’ and the promisor’s liability is ‘fixed’ regardless of the condition’s non-fulfillment.”

Contractors 40

Contractors Bargains New Hampshire Contract 40

Construction Law Monitor

JULY 20, 2011

There is likely no answer for you under the lien law – unless you filed a notice of lease agreement with the owner within the appropriate time frame. Finally, the Notice of Lease Agreement does not have to be in any specific form – simply a copy of the contract should suffice.

Leases 44

Leases Lien Louisiana Equipment 44

Autodesk Construction Cloud

NOVEMBER 15, 2021

Karalynn also brought up the tendency of the industry to pass liability down the chain when drawing up contracts. For this reason, construction professionals must find better ways to craft and negotiate agreements. Karalynn also emphasizes the importance of negotiating who takes on certain risks and liabilities.

Contract 52

Contract Contractors Negotiation Subcontracting 52