Commercial Liability Articles

Latest Articles

Design and Professional Liability

Expert Required Unless Common Knowledge Exception Applies

2025-05-30 | Kenneth A Slavens

Claimants typically must have an expert assess whether certain professional conduct is "negligent." Ken Slavens examines the exception and its application.

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.

Liability Insurance

CGL—Fire Legal

2025-03-28 | Craig F Stanovich

Craig Stanovich explains that policyholders who rent space are presented with exposures that may not be properly handled by standard "fire legal" or "damage to premises rented to you" commercial general liability coverage.

Construction Defect Coverage

The Evolution of CGL Coverage for Defective Construction in the Courts

2025-02-28 | Patrick J Wielinski

Patrick Wielinski examines the move from overly restrictive approaches to insurance coverage for property damage arising out of defective work or faulty construction to the application of the actual terms of the commercial general liability (CGL) policy, reviewing the litigation history and a recent Illinois court decision.

Design and Professional Liability

Expert Testimony Needed To Prove Inadequate Conduct

2025-02-14 | Kenneth A Slavens

Project failure alone does not prove liability, and expert testimony is needed to show the conduct fell below the standard of care. Ken Slavens relates the case.

Subcontractor Performance Risk

Understanding Cyber Risks and Strategies in the Construction Industry

2025-01-31 | Cheri Hanes

New technologies are proving exceptionally challenging. Cheri Hanes discusses the problems and solutions with other innovation leaders.

Design and Professional Liability

Engineers May Testify on Architect's Conduct

2024-11-08 | Kenneth A Slavens

The overlapping expertise of design professionals may permit a professional engineer to testify as to conduct of an architect. Ken Slavens relates the recent case and lessons learned.

Subcontractor Performance Risk

Closing the Loop—Collaboration in Sustainable Construction

2024-10-18 | Cheri Hanes

Cheri Hanes highlights the challenges, strategies, and benefits associated with working with a diverse range of stakeholders to foster a culture of innovation.