Commercial Liability Articles
Latest Articles
Design and Professional Liability
Supreme Court Strikes Down State Certificate of Merit Requirements
2026-04-17 | Kenneth A Slavens
This decision creates a significant procedural advantage for plaintiffs who can establish federal jurisdiction in their cases against design professionals. Ken Slavens relates the case.
Design and Professional Liability
The Importance of Expert Testimony for Claims Against Design Professionals
2026-04-14 | Kenneth A Slavens
Ken Slavens relates a design liability dispute, the ruling, and the multitude of lessons to be learned from this case.
Liability Insurance
Modeling Personal and Advertising Injury Coverage
2026-03-06 | Craig F Stanovich
A 2026 US District Court case, Patrick v. Blackboard Specialty Ins., addresses "other intellectual property" wording in the commercial general liability exclusion f. Craig Stanovich relates the case.
Subcontractor Performance Risk
Lean and Green: Building Efficiency for a Sustainable Future
2026-02-06 | Cheri Hanes
Cheri Hanes explains how aligning process efficiency with sustainability goals can help project teams build smarter, safer, and more resilient structures.
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.
Design and Professional Liability
Supreme Court Strikes Down State Certificate of Merit Requirements
2026-04-17 | Kenneth A Slavens
Design and Professional Liability
The Importance of Expert Testimony for Claims Against Design Professionals
2026-04-14 | Kenneth A Slavens
Liability Insurance
Modeling Personal and Advertising Injury Coverage
2026-03-06 | Craig F Stanovich
Subcontractor Performance Risk
Lean and Green: Building Efficiency for a Sustainable Future
2026-02-06 | Cheri Hanes
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
