Commercial Liability Articles
Latest Articles
Design and Professional Liability
Real Estate Agents' Floor Plan Replication Ruled Fair Use
2026-01-09 | Kenneth A Slavens
Ken Slavens relates a case where the Eighth Circuit Court of Appeals held real estate agents did not infringe on a designer's copyright by using floor plans in marketing homes for sale.
Subcontractor Performance Risk
Construction Tech Selection Strategy
2025-10-31 | Cheri Hanes
To achieve meaningful results, Cheri Hanes advises first looking at why you think you need a tech solution before jumping in blindly to a program that may not solve your problem.
Design and Professional Liability
"Consequential" Versus "Direct" Damages—Specify the Difference
2025-10-24 | Kenneth A Slavens
Classification of damages can vary greatly depending on the specific project, contract language, and parties involved. Ken Slavens relates a recent legal decision on this issue.
Commercial Liability
Breaking Coverage Case—Duty to Defend Owed for PFAS Claims
2025-09-26 | Jes Alexander
Two liability insurers owed a duty to defend a town facing claims of environmental pollution relating to per- and polyfluoroalkyl substances (PFAS). The court held that the noise and pollution exclusion was inapplicable in the duty to defend context due to the exclusion's carve-outs.
Design and Professional Liability
Rely on Privity at Your Peril
2025-08-01 | Kenneth A Slavens
The traditional protection from liability for negligent performance of contractual obligations in the absence of privity is eroding. Ken Slavens discusses a related case.
Liability Insurance
Landlord as an Insured
2025-07-22 | Craig F Stanovich
For coverage to apply to the landlord on the tenant's commercial general liability policy, Craig Stanovich advises looking beyond the enforceability of the lease to whether a landlord-tenant relationship has been created.
Liability Insurance
Duty to Defend in the CGL Policy
2025-07-11 | Craig F Stanovich
Craig Stanovich explains in a clear, concise, and understandable way how the duty to defend provision works in the commercial general liability (CGL) policy.
Design and Professional Liability
Contractual Indemnification Suit Not Barred by Statute of Repose
2025-06-06 | Kenneth A Slavens
Kenneth Slavens discusses a 2025 Massachusetts case involving a university, an architect, and a tort claim for design and construction defects.
Design and Professional Liability
No Immunity for Design Professional for Poor Highway Design
2025-05-23 | Kenneth A Slavens
Ken Slavens relates a case holding that governmental approval does not eliminate the duty to exercise professional care.
Subcontractor Performance Risk
Managing Escalating Material Substitutions Costs
2025-05-02 | Cheri Hanes
Managing the impact of rising construction costs due to material substitutions is done in four steps: identifying, monitoring, understanding, and risk mitigation. Cheri Hanes explains.
Design and Professional Liability
Real Estate Agents' Floor Plan Replication Ruled Fair Use
2026-01-09 | Kenneth A Slavens
Design and Professional Liability
"Consequential" Versus "Direct" Damages—Specify the Difference
2025-10-24 | Kenneth A Slavens
Commercial Liability
Breaking Coverage Case—Duty to Defend Owed for PFAS Claims
2025-09-26 | Jes Alexander
Design and Professional Liability
Contractual Indemnification Suit Not Barred by Statute of Repose
2025-06-06 | Kenneth A Slavens
Design and Professional Liability
No Immunity for Design Professional for Poor Highway Design
2025-05-23 | Kenneth A Slavens
Subcontractor Performance Risk
Managing Escalating Material Substitutions Costs
2025-05-02 | Cheri Hanes
