Levelset

SEPTEMBER 23, 2022

General contractors know these risks when they take the role. But what if the general contractor isn’t at fault, and a subcontractor is to blame? Does a general contractor’s insurance cover their subcontractors’ accidents or mistakes? The car owner can’t go after a different contractor’s insurer for the damage.

Insurance 52

Insurance Liability Accidents Risk 52

Levelset

OCTOBER 31, 2022

Governments balance the needs of both by requiring contractors, property owners, and others involved in construction to mitigate the effect of building activity on the environment, including air, water, and animal and plant life. In general, these laws apply to both contractors on the jobsite and the owner of the completed building.

Regulation 52

Regulation Contractors Permits Construction 52

NH Construction Law

MAY 20, 2023

A couple of years ago I blogged ( #101 ) on “pay-if-paid” clauses, which make a general contractor’s receipt of payment from the owner a prerequisite – a “condition precedent,” in legal terms – to its obligation to pay subcontractors. JBC Merger Sub LLC v. Tricon Enterprises, Inc. , 145, 286 A.3d

Contractors 40

Contractors Bargains New Hampshire Contract 40

Levelset

SEPTEMBER 16, 2022

The life of a contractor is a hectic one with most of the time spent on a jobsite — and a lot of places in between. As a contractor, you likely have a considerable amount of money sunk into tools of the trade. So, the list of contractors requiring this coverage is quite extensive. The answer would almost definitely be “no.”.

Insurance 52

Insurance Equipment Contractors Risk 52

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. Owners pass on certain risks (contractually) to general contractors, who may do the same thing when hiring specialty contractors. .” —Karalynn Cromeens, The Cromeens Law Firm. Let’s meet in the middle.

Contract 52

Contract Contractors Negotiation Subcontracting 52

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

Construction Dive

JULY 23, 2014

By Bruce Jervis It has long been controversial: Should design professionals be directly liable to construction contractors for deficiencies in the drawings and specifications? On one hand, contractors necessarily rely on the design documents when bidding and performing the work. There are arguments on each side. ” Read more.

Drawings 56

Drawings Contractors Design Liability 56

Construction and Infrastructure Law

FEBRUARY 6, 2018

The new law puts the onus on direct contractors to not only monitor their own payroll practices, but to ensure that their subcontractors and lower tier subcontractors are engaging in proper payroll practices. AB 1701 does not afford individual workers a direct right to sue contractors. Section 2810.3

California 49

California Contractors Liability Employment 49

Levelset

JULY 21, 2022

In order to perform construction work, many states require contractors to be “licensed and bonded.” Well, every state sets its own rules for contractor licensing, and contractors often must purchase a surety bond in order to legally practice their trade. Learn more: The complete guide to contractor licensing state-by-state.

Contractors 52

Contractors Claims Oregon Residential 52

Construction Lawyer

MAY 30, 2012

He is a partner in the law firm of Sabo & Zahn, concentrating in construction law and representing owners, contractors, architects, developers, engineers and other parties in the construction process. Sabo & Zahn LLC is an Illinois Limited Liability Company. Unlimited liability for designers and contractors.

Liability 40

Liability Contractors Design Minnesota 40

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

Constructlaw

NOVEMBER 22, 2022

the designer), the Kadney Company (the general contractor), Vergnet (the turbine supplier), and two different site engineers: Prudent Engineering, and Ravi Engineering and Land Surveying (the engineers). Two of the most notable risks are scope gaps, and as demonstrated in this case, liability gaps.

New York 52

New York Risk Claims Liability 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

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

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. The policies insure against personal injury or property damage caused by an occurrence during the contractor’s performance of the work. But do the policies cover the work itself?

Insurance 56

Insurance Contractors Liability Injury 56

Federal Construction Contracting Blog

JUNE 24, 2022

the Court of Federal Claims reminds contractors to read claim release language carefully before executing any agreement or modification. The parties ultimately reached a settlement agreement regarding these claims. While these appeals were pending but before the execution of the settlement agreement, T.H.R.

Agreement 52

Agreement Claims Contract United States 52

Levelset

AUGUST 26, 2022

At the core, you have property coverage for your tools and equipment, along with a liability component that protects your financial assets in case there’s a work-related accident or injury that you may have some responsibility for. . It’s prudent to look back and realize that potential liability doesn’t end when the project is completed.

Insurance 52

Insurance Liability Equipment Agreement 52

NH Construction Law

AUGUST 31, 2023

If a contractor’s negligence damages an Owner’s property and the Owner’s property insurer pays to repair it, this language precludes the insurer from chasing the contractor under subrogation principles. The contractor and therefore the contractor’s liability insurer will be off the hook.

Insurance 40

Insurance Liability Claims AIA 40

Job Order Contracting

SEPTEMBER 29, 2017

(c) “Job order” – a firm, fixed priced, lump-sum order issued by an organization to a job order contractor for a definite project scope of work as compiled from the unit price book to be performed pursuant to a job order contract. (d)

Organization 100

Organization Contract Liability Contractors 100

Construction Law Monitor

AUGUST 9, 2011

Liberty Mutual Insurance Company (“Sloan”), the US Court of Appeals for the Third Circuit has an in depth discussion regarding some technical yet very important clauses found within many construction contracts between general contractor, subcontractors, owner and the surety. Liquidating Agreement. Sloan pg 17. See Carl A.

Agreement 57

Agreement Contract Insurance Construction 57

NH Construction Law

DECEMBER 19, 2020

If the principal is a general contractor with a “pay-if-paid” clause in its subcontracts, must a subcontractor wait for the general contractor to be paid before it can collect on a payment bond? Thus the liability of the company as surety is coextensive with that of the principal.” United States ex rel.

Subcontracting 40

Subcontracting New Hampshire Liability Defense 40

Constructlaw

FEBRUARY 7, 2023

The builder’s risk carriers — subrogated to the rights of the owner — then sued the prime contractor, its subcontractor, and sub-subcontractor for negligence. 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.

Louisiana 52

Louisiana AIA Insurance Contract 52

Levelset

OCTOBER 20, 2022

This type of damage may leave electrical contractors unable to foot the bill. Why can an electrical contractor use insurance? You pay pennies on the dollar for coverage that could range into the millions for general liability (GL) insurance, for example. Which types of policies are available to electrical contractors?

Insurance 52

Insurance Liability Electrical Accidents 52

Construction Law Monitor

OCTOBER 30, 2013

The Louisiana State Licensing Board for Contractors (LSLBC) is a very useful place for Louisiana contractors. I was recently reading up on the requirements for home improvement contractors. The LSLBC is a one stop shop for all things related to contractor licensing. It is a good place for both contractors and consumers.

Louisiana 51

Louisiana Contractors Lien Liability 51

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. CBF also contracted with Clark Construction Group, LLC as general contractor to oversee the construction, which spanned from 1999 into 2000. Weyerhaeuser Company, et al, pending in the U.S.

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. CBF also contracted with Clark Construction Group, LLC as general contractor to oversee the construction, which spanned from 1999 into 2000. Weyerhaeuser Company, et al , pending in the U.S.

Liability 120

Liability Maryland Green Agreement 120

Levelset

SEPTEMBER 12, 2022

” You may already have an insurance policy that offers coverage for business property and general liability. Every contractor or sub purchases construction materials that eventually become part of the completed standing structure. Learn more – Builder’s Risk vs. General Liability for Contractors: What’s the Difference?

Insurance 52

Insurance Liability Risk Materials 52

Constructlaw

FEBRUARY 21, 2023

The state of Iowa hired Lunda Construction Company (Lunda) as the general contractor for the project, which contracted Industrial Steel Construction, Inc. The court of appeals noted that the Supreme Court has long held a “liberal federal policy favoring arbitration agreements.” Lunda Construction Company , 33 F.4th

Iowa 52

Iowa Contract Agreement Mississippi 52

NH Construction Law

JUNE 30, 2022

They can arise from contractor fault, owner fault, or to events beyond either party’s control – or any combination of these. 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.

Liability 40

Liability Contract Iowa Contractors 40

Construction Lawyer

MAY 20, 2009

He is a partner in the law firm of Sabo & Zahn, concentrating in construction law and representing owners, contractors, architects, developers, engineers and other parties in the construction process. Sabo & Zahn LLC is an Illinois Limited Liability Company. Liability for green design. TrackBack URL for this entry: [link].

Liability 40

Liability Green Design Illinois 40

Construction Lawyer

FEBRUARY 28, 2014

281 Broadway Holdings, LLC , a subcontractor was forced to pay for the costs of defense of the owner and general contractor, even though the court found that the contractor was not at fault. The owner hired Pavarini as the general contractor. The owner and the general contractor filed cross-claims against SJ for indemnification.

Contract 40

Contract Contractors Insurance Accidents 40

Constructlaw

APRIL 20, 2023

Army Corps of Engineers hired Relyant Global LLC to act as the prime contractor. 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.” Air Force dormitory in Missouri.

Tennessee 52

Tennessee Subcontracting Missouri Claims 52

Green Building Law Update

DECEMBER 13, 2015

District Court for Maryland, filed a Stipulation of Dismissal with Prejudice following a confidential Settlement Agreement and Mutual Release. Clark Construction was the general contractor. The case instructs there is no more liability arising from green building versus other construction, but that the liability is different.

Foundation 120

Foundation Liability Maryland Claims 120

Best Practices Construction Law

SEPTEMBER 5, 2018

Many times, the parties’ contract will dictate whether the contractor can recover delay damages or will be limited to a time extension for delays beyond the contractor’s reasonable control. The general contractor in McLeod filed a malpractice action against the architect on a public contract for the City of Miami. 3d 347 (Fl.

Claims 54

Claims Miami Contract Liability 54

Construction Law Monitor

SEPTEMBER 19, 2013

Surprisingly, people on all ends of the contracting process don’t always understand the importance of the words chosen in their agreement. Whether you’re a general contractor, subcontractor or homeowner, you should be familiar with all aspects of your construction contract. The short answer: liability.

Contract 62

Contract Liability Subcontracting Construction 62