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Design and Professional Liability

The Ability To Disclaim Liability Resulting from Inspection Duties

2003-05-01 | Kenneth A Slavens

Through the examination of case law, Ken Slavens reveals judicial support for the argument that the risk the design professional assumes by inspection or observation can be limited by contract.

Design and Professional Liability

Liquidated Damages Clause and Waiver of Consequential Damages Clause Effectively Cap Damages Available against Design-Builder

2003-03-01 | Kent Holland

Kent Holland examines a case that provides insight into the judicial interpretation of contract clauses that purport to limit liability of engineers/contractors.

Design and Professional Liability

Copyright Infringement of Design Documents

2002-11-16 | Kent Holland

Using a recent case as an example, Kent Holland discusses the importance of preserving the copyright interest of the architect's design documents.

Design and Professional Liability

Design Disclaimers and Implied Warranties

2002-11-01 | Kenneth A Slavens

Citing a recent case, Ken Slavens discusses the importance of precise language used in disclaimers that are part of design packages.

Construction Defect Coverage

Even More on Defective Work as an "Occurrence"

2002-10-01 | Patrick J Wielinski

Pat Wielinski explains how a recent Texas Supreme Court case may finally put to rest the question of whether the CGL policy provides coverage for the defective work of others despite the definition of occurrence.

Liability Insurance

Duty To Defend in the CGL Policy

2002-08-01 | Craig F Stanovich

Craig Stanovich explains in a clear, concise, and understandable way how the duty to defend provision works in the CGL policy.

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Construction Liability Insurance

Insuring Design-Build Risks

2002-08-01 | Ann Hickman

Taking on responsibility for design in addition to construction entails many new risks. This article examines the potential liabilities facing design-builders and how they can be handled. Also see IRMI's new book by the most knowledgeable practitioners in the industry, Design-Build Risk and Insurance, which offers you their insight in one handy, well-organized guide.

Design and Professional Liability

Insurance Coverage—Waivers of Subrogation

2002-08-01 | Kent Holland

In this article, Kent Holland discusses a Fourth Circuit case that demonstrates the importance of waivers of subrogation as part of the risk allocation strategy.

Design and Professional Liability

The Design Professional's Statute of Repose: Stumbling Blocks to the Defense of Torts and Contractual Indemnity Claims

2002-07-01 | Kenneth A Slavens

Ken Slavens examines the case of Jordan v. Sandwell, Inc., highlighting the problems that design professionals may encounter when the statute of repose is raised as a defense.

Construction Defect Coverage

Potomoc Insurance v. Huang

2002-06-01 | Patrick J Wielinski

Pat Wielinski examines a recent Kansas case recognizing the validity of the insurability of a contractor's work to repair property damage before suit is brought.

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