Construction Industry Articles

Construction Quality

Improving Construction Operational Systems

2023-03-15 | Peter G Furst

To ensure operational excellence, construction companies need to improve their project delivery system processes, procedures, and practices. Peter Furst explains.

Employee Well-Being

Why and How To Improve Psychological Safety in the Workplace

2023-03-03 | Sally Spencer-Thomas

Sally Spencer-Thomas defines psychological safety and explains why it matters and ways to improve it.

Additional Insured Issues

Courts Rule on Additional Insured Endorsements and Vicarious Liability

2023-02-03 | Gregory Podolak

Greg Podolak relates the decisions.

Subcontractor Performance Risk

Recruiting and Training the Construction Workforce of Tomorrow

2023-02-03 | Cheri Hanes

Look beyond traditional hiring methods to find and keep new workers. Cheri Hanes explains.

Subcontractor Performance Risk

Recruiting and Training the Construction Workforce of Tomorrow

2023-02-03 | Cheri Hanes

Look beyond traditional hiring methods to find and keep new workers. Cheri Hanes explains.

Surety 02

International Surety Bonds

2023-02-03

It's important to obtain local knowledge about each surety market. American Global provides some advice.

Builders Risk Insurance

Project Delay under Builders Risk Insurance

2023-01-04 | Jeffrey A Segall

Jeff Segall reviews the risks and costs associated with late project delivery from an insurance standpoint.

Construction Safety

Work Accident Causation

2023-01-04 | Peter G Furst

Who's to blame: people or systems? Peter Furst looks at theories of safety management.

Construction Safety

It's Not PPE, It's PPP—Planning, Prevention, and Then Protection

2022-12-21 | TJ Lyons

Construction safety innovations abound. TJ Lyons reviews.

Construction Safety

Hidden Drivers of Construction Errors and Accidents

2022-12-01 | Peter G Furst

Peter Furst provides his perspective on local rationality and human action and how they are used to analyze loss.

Employee Well-Being

Recess Is for Adults, Too—Play and Wellness

2022-11-01 | Sally Spencer-Thomas

Play is a vital aspect of staying well for people of all ages, as explained by Dr. Sally Spencer-Thomas.

Construction Safety

Implications of Employee Morale

2022-10-21 | Peter G Furst

Peter Furst looks at the importance of morale and its implications for worker safety.

Construction Quality

Construction Operational Systems and Their Effect on Project Outcomes

2022-09-15 | Peter G Furst

Being aware of the reasons people resist change will help the implementation of change. Peter Furst explains.

Construction Safety

In Construction Safety, Language Matters

2022-09-15 | TJ Lyons

A TED talk on language shows how English can result in blaming workers instead of looking at the accident situations. TJ Lyons explains.

Surety 02

Large Projects Underwriting: The Role of the Surety Bond Broker

2022-09-15

Nancy Schnee of American Global explains the surety process and the importance of providing sureties ample time to underwrite.

Subcontractor Performance Risk

Green Building Means Go

2022-08-05 | Cheri Hanes

Many contractors have been on hold when it comes to sustainable construction. Cheri Hanes offers support for your journey to a greener future.

Construction Safety

Construction Safety Beliefs Regarding Hazards and Risk Matter

2022-07-22 | Peter G Furst

Peter Furst explains why only safe work practices must be acceptable to construction supervisors and their organizations.

Construction Safety

Suicide in Construction: The Long Emergency

2022-07-21 | TJ Lyons

TJ Lyons relates information and advice learned at a recent conference and provides tips for ways to combat this epidemic.

Builders Risk Insurance

Beware of Builders Risk Additional Premiums and Policy Expirations

2022-07-14 | Jeffrey A Segall

Write reasonable cost escalation and automatic time extensions into the policy, advises Jeff Segall.

Continuous Performance Improvement

How Risk Managers Can Prevent Active Shooters

2022-06-15 | John Pryor

An early warning system may stop the violence before it occurs. John Pryor explains.

Wrap-Up Programs

Residential Wrap-Up Insurance Programs

2022-04-21 | Tim Walsh

Tim Walsh discusses the prevalence of residential construction exclusions on contractor liability insurance policies and how to deal with them.

Surety 02

Surety Bonds Explained

2022-04-15

Ed Reilly provides a basic explanation of construction contract bonds, their financial requirements, and the ongoing market cycle.

Subcontractor Performance Risk

Effects of the Russia-Ukraine Conflict on Construction Supply Chains

2022-03-17 | Cheri Hanes

The war will impact the supply of raw materials, transportation, and manufacturing worldwide. Cheri Hanes offers subcontractor strategies.

Construction Safety

In Construction, "It's Good Enough" Isn't

2022-03-16 | TJ Lyons

TJ Lyons advises on how to listen for this telltale phrase and what to do about it when you hear it.

Employee Well-Being

BIPOC and AAPI Mental Health: Improving the Situation

2022-03-16 | Sally Spencer-Thomas

Looking forward, Dr. Sally Spencer Thomas and other health experts discuss possible insurance and health improvements.

Employee Well-Being

BIPOC and AAPI Mental Health: The Current State of Affairs

2022-03-16 | Sally Spencer-Thomas

Based on a Twitter chat with health experts, Sally Spencer Thomas examines the existing impact of racial discrimination.

Employee Well-Being

Union Pacific Leads the Way in Suicide Prevention Initiatives

2022-02-23 | Sally Spencer-Thomas

Sally Spencer Thomas looks at a company that offers support in a variety of ways.

Builders Risk Insurance

Builders Risk: Acts of God

2022-02-16 | Steven A Coombs

Steven Coombs defines and discusses the implications of this phrase as used in insurance.

Construction Quality

Improving Construction Productivity with Quality Management

2022-02-16 | Peter G Furst

Peter Furst recommends a robust project quality management process for construction success.

Construction Law

Thinking of Sending or Receiving a Wire of Funds? Use Checks Instead

2022-01-28 | Robert J Miletsky

Robert Miletsky explains why the check in the mail system works best.

Subcontractor Performance Risk

Myths about Causes of Subcontractor Defaults

2022-01-19 | Cheri Hanes

Subcontractor default causes are not as obvious as you might think. Cheri Hanes examines eight common misconceptions.

Construction Safety

Avoiding Unacceptable Behavior in Construction

2022-01-13 | Peter G Furst

In safety, Peter Furst looks at reasons for construction accidents—systems and people issues—and ways to prevent them.

Design and Professional Liability

2022 Contractor's Professional Liability Market Trends and Challenges

2022-01-12 | Jeff Slivka

Jeff Slivka predicts changes in market conditions, coverage nuances, and delivery methods this year.

Additional Insured Issues

Additional Insured Attorneys' Fees Win May Set Trend in NY

2021-12-22 | Gregory Podolak

If an insurer "pertinaciously denies" an additional insured claim, it better watch out! Greg Podolak relates the case.

Builders Risk Insurance

Builders Risk: Modular and Prefabricated Construction

2021-12-15 | Steven A Coombs

Steven Coombs discusses how these forms warrant additional risk assessment and potential changes in insurance for the project.

Employee Well-Being

Understanding the Suicidal Person

2021-09-23 | Sally Spencer-Thomas

Dr. Sally Spencer-Thomas relates research showing suicide as a significant preventable public health problem.

Construction Safety

In Construction, Tools—Not Workers—May Pose the Danger

2021-09-16 | TJ Lyons

By relating one incident, TJ Lyons shows the importance of examining the safety of tools, workers, and training.

Construction Safety

Measuring the Effectiveness of Quality Management Systems

2021-09-15 | Peter G Furst

Peter Furst discusses ways to improve the construction process for all.

Employee Well-Being

Language Matters: Why We Don't Say "Committed Suicide"

2021-09-15 | Sally Spencer-Thomas

We must talk about suicide if we are going to get in front of it. Sally Spencer-Thomas examines our response.

Wrap-Up Programs

Wrap-Up Insurance Credit Methodologies

2021-09-15 | Tim Walsh

Tim Walsh explains the variables critical for enrolled contractors to understand when they bid on a wrap-up project.

Employee Well-Being

Impact of COVID-19 on Jury Trials

2021-08-12 | Sally Spencer-Thomas

Has COVID influenced the way we view mandates, rules, and those who enforce them? Brent Cooper thinks so and wonders how this has impacted American juries.

Employee Well-Being

988: The Future of Crisis Services

2021-08-12 | Sally Spencer-Thomas

Coming soon: a three-digit hotline for mental health emergencies. Sally Spencer-Thomas explains why and when.

Construction Safety

Importance of Trust in Construction Relationships

2021-07-23 | Peter, Furst

Trust is needed to successfully manage business operations. Peter Furst explains.

Subcontractor Performance Risk

Subcontractor Qualification for Challenging Times

2021-07-03 | Cheri Hanes

Cheri Hanes discusses subcontractors' internal changes, supply chain and escalation challenges, and changing project requirements.

Construction Safety

In Construction, Stop Counting and Start Correcting

2021-06-01 | TJ Lyons

TJ Lyons advises that we need to spend more time making on-site corrections than counting the observations.

Subcontractor Performance Risk

Managing Construction Cost Escalation

2021-05-07 | Cheri Hanes

Managing Construction Cost Escalation—In the wake of COVID-19 and bad weather, contractors and subcontractors need to communicate, reassess, and collaborate. Cheri Hanes explains.

Employee Well-Being

Suicide Prevention Crisis Services: What To Expect

2021-03-26 | Sally Spencer-Thomas

Suicide Prevention Crisis Services: What To Expect—These are important links in the chain of survival. Sally Spencer-Thomas explains.

Wrap-Up Programs

Best Practices for Participating in a Wrap-Up

2021-03-19 | Tim Walsh

Best Practices for Participating in a Wrap-Up—Participants in a wrap-up insurance program are offered explanations and guidelines by Tim Walsh.

Construction Quality

Craftsperson's Impact on Project Quality

2021-03-12 | Peter G Furst

Craftsperson's Impact on Project Quality—Ensure the capability, motivation, and attention to detail are aligned with job requirements, per Peter Furst.

Builders Risk Insurance

Builders Risk: Naming of Insureds for Delay and Soft Costs Coverages

2021-02-26 | Steven A Coombs

Steven Coombs takes a close look at who should be insured and how it is accomplished.

Subcontractor Performance Risk

Thinking Inside the Box—Modular Construction Considerations

2021-02-24 | Cheri Hanes

Modular Construction Considerations—Successful projects have open collaboration, an understanding of potential risks, and agreement on ways to handle them, per Cheri Hanes.

Construction Quality

Construction Industry's New Priority: Greater Tech Adoption

2021-02-05 | Rose Hall

Construction Industry's New Priority: Greater Tech Adoption—Technology will change the construction industry, says Rose Hall, with the help of new and emerging technologies.

Construction Safety

Impact of Organizational Systems on Construction Safety Performance

2021-02-05 | Peter G Furst

Impact of Organizational Systems on Construction Safety Performance—To improve safety outcomes, pursue a balanced approach to managing the business. Peter Furst explains.

Builders Risk Insurance

Builders Risk: Protective Safeguards and Conditions Update

2021-01-29 | Steven A Coombs

Insurance underwriters are imposing additional conditions to reduce their exposure to loss. Steven Coombs discusses these changes.

Construction Defect Coverage

Defining and Fixing Construction Defects

2021-01-29 | Joseph M Junfola

Defining and Fixing Construction Defects—Getting down to fundamentals, Joseph Junfola examines why failures occur and what can be done.

Construction Safety

COVID-19—The Effect on the Construction Site

2021-01-22 | TJ Lyons

COVID-19—The Effect on the Construction Site—COVID-19 affects everyone. TJ Lyons looks at how it's influencing construction.

Claims Management 03

The Dilemma of Insuring Virus Claims

2021-01-15 | Christopher E Mandel

The Dilemma of Insuring Virus Claims—It's going to take risk mitigation strategies as well as risk transfer, per Chris Mandel.

Construction Safety

Avoiding Deployment Failure of Safety Change Initiatives

2020-12-31 | Peter G Furst

Avoiding Deployment Failure of Safety Change Initiatives—Peter Furst discusses the system and people factors to ensure the implementation of change.

Subcontractor Performance Risk

Project Pursuit Decisions—Play to Your Strengths

2020-11-25 | Cheri Hanes

Project Pursuit Decisions—Play to Your Strengths—In construction, begin with the end in mind and make reasonable cost and schedule commitments, advises Cheri Hanes.

Construction Quality

Effective Subcontractor Management: A Robust Approach to Quality

2020-11-13 | Peter G Furst

Effective Subcontractor Management: A Robust Approach to Quality—Peter Furst provides guidelines.

Design and Professional Liability

Changing CPrL Marketplace: Expectations for 2021

2020-10-30 | Jeff Slivka

Changing CPrL Marketplace: Expectations for 2021—Rates are expected to rise for the first time in 10 years. Jeff Slivka explains why.

Employee Well-Being

COVID-19, Prolonged Toxic Stress, and Mental Health at Work

2020-10-30 | Sally Spencer-Thomas

COVID-19, Prolonged Toxic Stress, and Mental Health at Work—Sally Spencer-Thomas provides 10 action steps employers can take to make a difference.

Construction Defect Coverage

Other Insurance and Allocation in Construction Defect Claims

2020-10-23 | Joseph M Junfola

Other Insurance and Allocation in Construction Defect Claims—Joseph Junfola discusses how property damage is allocated when multiple occurrence-based commercial general liability policies are triggered.

Claims Management 03

Telemedicine in the Age of the Pandemic

2020-10-02 | Christopher E Mandel

Telemedicine in the Age of the Pandemic—Telemedicine and its derivatives are more relevant than ever during COVID-19. Chris Mandel explains.

Additional Insured Issues

7 Years Later, ISO Additional Insured Language Gets First Decision

2020-09-25 | Gregory Podolak

Additional Insured Entitled to a Defense Despite Negligence Standard—Gregory Podolak discusses Charter Oak Fire Ins. Co. v. Zurich Am. Ins. and its implications.

Employee Well-Being

Recognize National Suicide Prevention Week

2020-09-11 | Sally Spencer-Thomas

Recognize National Suicide Prevention Week—Sally Spencer-Thomas discusses the history, objectives, and goals.

Continuous Performance Improvement

Coronavirus Risk Management: Major Metrics Matter Most

2020-09-04 | John Pryor

John Pryor describes the metrics that really matter when it comes to risk management during the COVID-19 pandemic.

Construction Safety

Unconscious Biases and Construction Safety

2020-08-07 | Peter G Furst

Unconscious Biases and Construction Safety—Knowledge of cognitive bias can help improve safety outcomes, per Peter Furst.

Subcontractor Performance Risk

Strategies for a Challenged Supply Chain in the Wake of COVID-19

2020-07-31 | Cheri Hanes

Strategies for a Challenged Supply Chain in the Wake of COVID-19—Learn how to mitigate current risks and avoid or soften future impacts from Cheri Hanes.

Construction Defect Coverage

Beware the Stunted CGL: Breach of Contract Endorsements

2020-07-17 | Patrick J Wielinski

Beware the Stunted CGL: Breach of Contract Endorsements—While it may look standard, Pat Wielinski advises reading any CGL policy additions with care.

Construction Defect Coverage

Coverage Triggers for Construction Defect Claims

2020-07-10 | Joseph M Junfola

Coverage Triggers for Construction Defect Claims—Turning back to the basics, Joe Junfola reviews the definition, triggers, and application of such triggers.

Claims Management 03

Presumption of WC Claim Compensability in the Age of COVID

2020-07-03 | Christopher E Mandel

Presumption of WC Claim Compensability in the Age of COVID—From the "Grand Bargain" to the pandemic, Chris Mandel looks at the impacts.

Design and Professional Liability

Contractors Professional Liability in a COVID-19 Era

2020-07-03 | Jeff Slivka

Contractors Professional Liability in a COVID-19 Era—In construction projects, Jeff Slivka warns of the uncertainties and ramifications.

Construction Safety

Construction Safety: Litigation Not Legislation

2020-06-26 | TJ Lyons

Construction Safety: Litigation Not Legislation—TJ Lyons relates construction accidents he's seen and shows why they were preventable.

Construction Quality

Culture of Quality in Operations

2020-06-05 | Peter G Furst

Culture of Quality in Operations—Peter Furst relates the principles of quality and their impact on organizations—especially when ignored.

Continuous Performance Improvement

Converging Risk and Quality Management in Light of COVID-19

2020-06-05 | John Pryor

—John Pryor explains why this is an ideal time to integrate Lean Six Sigma tools and processes into your risk management systems in light of COVID-19.

Construction Law

Modify Construction Documents in Light of COVID-19

2020-05-15 | Robert J Miletsky

Modify Construction Contracts in Light of COVID-19—Reexamine partial releases, waivers of lien, and language on time extensions, per Robert Miletsky.

Construction Quality

Create an Inclusive Culture for Women

2020-04-24 | Rose Hall

Create an Inclusive Culture for Women—Rose Hall says to strive to eliminate bias, embrace differences, and advocate for ourselves and others.

Wrap-Up Programs

"Excluded Parties" in Wrap-Up Insurance Programs

2020-04-24 | Tim Walsh

"Excluded Parties" in Wrap-Up Insurance Programs—It is important to understand the sponsor's goals for the wrap-up and why certain parties are included. Tim Walsh explains.

Construction Law

Personal Guarantees in Construction

2020-04-17 | Robert J Miletsky

Personal Guarantees in Construction—Know the facts, the risks, and the implications. Robert Miletsky reviews these and more.

Subcontractor Performance Risk

Navigating Perilous Times in Construction

2020-04-17 | Cheri Hanes

Navigating Perilous Times in Construction—During uncertainty, Cheri Hanes recommends that you stay the course and keep sailing.

Construction Safety

The Management of Construction Safety

2020-04-10 | Peter G Furst

The Management of Construction Safety—Peter Furst discusses the need for coordinating processes, practices, and procedures.

Claims Management 03

Claims Management and Effective Risk Management

2020-03-20 | Christopher E Mandel

Claims Management and Effective Risk Management—Claims are the outgrowth of risk and exposure. Chris Mandel relates their relationship.

Construction Quality

Cost of Quality in Commercial Construction

2020-03-06 | Peter G Furst

Cost of Quality in Commercial Construction—Peter Furst explains the costs of active engagement in quality performance.

Construction Safety

Determining a Construction Site's Character by Listening

2020-02-28 | TJ Lyons

Determining a Construction Site s Character by Listening—TJ Lyons provides simple tips on gathering feedback from those doing and overseeing work.

Construction Safety

Safety Practitioner's Interaction with Construction Crews

2020-01-31 | Peter G Furst

Safety Practitioner's Interaction with Construction Crews—Peter Furst describes the complexity and importance of construction relationships.

Subcontractor Performance Risk

Implementing SMART Risk Mitigation Plans

2020-01-31 | Cheri Hanes

Implementing SMART Risk Mitigation Plans—Cheri Hanes recommends matching risk management measures to specific risks and ensuring implementation.

Additional Insured Issues

Managing Insurance Coverage from Multiple Insurers

2020-01-17 | Gregory Podolak

Greg Podolak emphasizes the need for special planning when more than one insurer is involved in a claim.

Continuous Performance Improvement

Applying Risk Management Steps to Climate Change

2020-01-17 | John Pryor

John Pryor applies the risk management process to find solutions, not rhetoric, for climate change.

Claims Management 03

Bad Faith, Litigation Trends, and Emerging Tactics

2020-01-10 | Christopher E Mandel

Bad Faith, Litigation Trends, and Emerging Tactics—Chris Mandel examines legal costs that contribute significantly to the total cost of claims.

Construction Safety

Determining a Construction Site's Character

2019-12-20 | TJ Lyons

Determining a Construction Site's Character—TJ Lyons advises looking beyond compliance; rather, personally examine the actual conditions of a construction site.

Design and Professional Liability

The Dangers of OPPI Insurance

2019-12-13 | Jeff Slivka

The Dangers of OPPI Insurance—If you think OPPI insurance is "only excess insurance," you could be very wrong, warns Jeff Slivka.

Construction Quality

Predictive-Based Safety—Saving Lives, Shaping Construction Insurance

2019-12-06 | Rose Hall

Predictive-Based Safety—Changing How Construction Projects Are Insured—Rose Hoyle and Tim Gattie peer into the future.

Construction Safety

Mindfulness in Construction Communication and Management

2019-11-08 | Peter G Furst

Mindfulness in Construction Communication and Management—Peter Furst discusses this novel approach to improving construction safety.

Employee Well-Being

National Guidelines for Workplace Suicide Prevention Released

2019-10-25 | Sally Spencer-Thomas

National Guidelines for Workplace Suicide Prevention Released—Sally Spencer-Thomas reviews this call to make suicide prevention a health/safety priority.

Subcontractor Performance Risk

Tackling Subcontractor Performance Issues from the Ground Up

2019-10-25 | Cheri Hanes

Tackling Subcontractor Performance Issues from the Ground Up—Cheri Hanes provides strategies to enhance communication, strategies, and performance.

Wrap-Up Programs

Traditional versus Project Insurance

2019-10-11 | Tim Walsh

Traditional versus Project Insurance—Owners should weigh all available options to ensure the risks arising out of construction projects are adequately protected, per Timothy Walsh.

Construction Safety

Construction Safety Stickiness: Labels Matter

2019-10-04 | TJ Lyons

Construction Safety Stickiness: Labels Matter—TJ Lyons looks at methods to convey construction safety tips in a memorable manner.

Claims Management 03

The Future of Workers Compensation Claim Systems

2019-09-27 | Christopher E Mandel

The Future of WC Claim Systems—Chris Mandel reviews Scenarios for the 2030s: Threats and Opportunities for Workers' Compensation Systems.

Construction Safety

The Impact of a Positive Work Environment on Construction Safety

2019-09-20 | Peter G Furst

The Impact of a Positive Work Environment on Construction Safety—Peter Furst takes an innovative approach for achieving this goal.

Continuous Performance Improvement

Could Yours Be the Site of the Next Mass Shooting?

2019-09-20 | John Pryor

Are you prepared for a mass shooting? John Pryor looks at the risks and options involved.

Design and Professional Liability

Dissecting the Contractors Professional Liability Policy

2019-09-06 | Jeff Slivka

Dissecting the Contractors Professional Liability Policy—Jeff Slivka says educated firms protect themselves with CPrL policies. Here's what you should know.

Additional Insured Issues

Additional Insured Coverage: Don't Overlook Auto Insurance

2019-08-16 | Gregory Podolak

Discussing the importance of including auto insurance in the downstream risk transfer for accidents that occur on a construction site involving any form of automobile.

Construction Quality

Managing Expectations: An Important Aspect of Construction Quality

2019-08-09 | Peter G Furst

Managing Expectations An Important Aspect of Construction Quality—Peter Furst explains the importance of having an expectation management strategy.

Construction Safety

What's with These New Hard Hats?

2019-08-09 | TJ Lyons

What's with These New Hard Hats?—Safety helmets, says TJ Lyons, provide much better protection, and we should all be wearing them.

Construction Law

UCC Rights and Responsibilities for Purchasing Materials or Equipment

2019-08-02 | Robert J Miletsky

UCC Rights and Responsibilities for Purchasing Materials or Equipment—Robert Miletsky explains the requirements in UCC Article 2.

Subcontractor Performance Risk

Project Pursuit Decisions Affect Subcontracting Risk

2019-07-19 | Cheri Hanes

Project Pursuit Decisions Affect Subcontracting Risk—Taking these factors into consideration can result in better outcomes, per Cheri Hanes.

Claims Management 03

Federal Terrorism Reinsurance Claim Recovery

2019-06-28 | Christopher E Mandel

Christopher Mandel reviews the history and the Federal Terrorism Reinsurance claims process.

Employee Well-Being

Why Worker Resilience, Mental Health, and Suicide Prevention Matter

2019-06-28 | Sally Spencer-Thomas

Why Worker Resilience, Mental Health, and Suicide Prevention Matter—Are "accidental deaths" actually intentional? Sally Spencer-Thomas examines the issues.

Construction Safety

Safe Work Execution + Nudge Theory

2019-05-17 | Peter G Furst

Safe Work Execution + Nudge Theory—Peter Furst describes a more effective approach to managing construction safety.

Continuous Performance Improvement

Curing Homelessness with Risk Management

2019-05-10 | John Pryor

Can root cause analysis and risk management strategies work for curing homelessness? John Pryor believes so.

Construction Safety

In Construction, Stay Away from Moving Things That Kill

2019-04-26 | TJ Lyons

In Construction, Stay Away from Moving Things That Kill—TJ Lyons says "No Energy, No Injury," and advocates the "Stop and Give Me 20" Program.

Claims Management 03

Examining WC Waivers of Subrogation

2019-04-12

While often required by contract, waivers pose significant risk to subcontractors' loss experience. Glenn Brown explains.

Claims Management 03

Examining WC Waivers of Subrogation

2019-04-12

While often required by contract, waivers pose significant risk to subcontractors' loss experience. Glenn Brown explains.

Subcontractor Performance Risk

Subcontractor Operational Prequalification

2019-04-12 | Cheri Hanes

Subcontractor Operational Prequalification—Many contractors face challenges on the crucial, nonfinancial side of prequalification. Cheri Hanes explains.

Employee Well-Being

Evaluating Employee Assistance Programs

2019-04-05 | Sally Spencer-Thomas

Evaluating Employee Assistance Programs—Often underutilized and neglected, EAPs can provide a mental health safety net. Sally Spencer-Thomas explains.

Claims Management 03

WC Court Rulings, Legislation, and Advocacy-Driven Claim Outcomes

2019-03-29 | Christopher E Mandel

WC Court Rulings, Legislation, and Advocacy-Driven Claim Outcomes—Worker advocacy is worth the investment and does have an impact, per Chris Mandel.

Construction Quality

Dealing with the Construction Workforce Shortage

2019-02-15 | Rose Hall

Dealing with the Construction Workforce Shortage—There are myriad reasons for the shortfall. Rose Hoyle discusses the problem and solutions.

Construction Quality

Improve Construction Projects with a Quality Management System

2019-02-15 | Peter G Furst

Improve Construction Projects with a Quality Management System—Infusing total quality management means better outcomes, per Peter Furst.

Continuous Performance Improvement

Business Insurance Lessons Learned from California Wildfires

2019-02-08 | John Pryor

John Pryor looks at past losses regarding the California wildfires to avoid or mitigate future ones.

Subcontractor Performance Risk

Use the Results of Subcontractor Prequalification to Mitigate Risk

2019-02-01 | Cheri Hanes

Use Subcontractor Prequalification To Mitigate Sub-Performance Risk—Cheri Hanes warns against ignoring prequalification data.

Construction Safety

Construction Frontline Supervisor Essential Skills and Competencies

2019-01-25 | Peter G Furst

Construction Frontline Supervisor Essential Skills and Competencies—These are a key to a superior workforce, per Peter Furst.

Claims Management 03

Captive Claim Management

2019-01-18 | Christopher E Mandel

Captive Claim Management—Chris Mandel looks at the similarities and differences of managing claims for a captive.

Construction Safety

In Construction, It's Time To Rethink What We Do

2018-12-21 | TJ Lyons

In Construction, It's Time To Rethink What We Do—TJ Lyons takes a new look at standard construction safety approaches and offers suggestions for improvements.

Construction Safety

Employee Engagement and Organizational Performance

2018-12-14 | Peter G Furst

Employee Engagement and Organizational Performance—Learn how to encourage employee engagement and achieve stellar safety performance from Peter Furst.

Construction Quality

Selecting the Right Subcontractor

2018-11-16 | Rose Hall

Selecting the Right Subcontractor—Learn how to build a better decision support system to account for bias and hire the right subcontractor from Rose Hoyle.

Construction Quality

Construction Quality and Partner Relationships

2018-11-02 | Peter G Furst

Construction Quality and Partner Relationships—Partnering in construction project management is critical, per Peter Furst.

Construction Safety

Ensuring a Safe Construction Work Site

2018-10-19 | Peter G Furst

Ensuring a Safe Construction Work Site—Peter Furst says conduct a risk assessment, communicate, and condition workers to perform as expected.

Construction Safety

Construction Safety: Listen, Learn, and Lead

2018-10-12 | TJ Lyons

Construction Safety: Listen, Learn, and Lead—These are the tools that should be in every worker's toolbox. TJ Lyons explains.

Employee Well-Being

Veterans Are Good for Work

2018-10-12 | Sally Spencer-Thomas

Veterans Are Good For Work—What can we do to help veterans' mental health? Sally Spencer-Thomas says hire them.

Claims Management 03

Workers Compensation Claims and the Opioid Impact Revisited

2018-09-28 | Christopher E Mandel

Workers Compensation Claims and the Opioid Impact Revisited—Chris Mandel looks at the crisis and efforts to quell the tide.

Claims Management 03

Appraiser Disqualified for Contingent Fee

2018-08-24 | Barry Zalma

Appraiser Disqualified for Contingent Fee—Barry Zalma discusses a Colorado case emphasizing the need for appraisers and umpires to be impartial and fair.

Construction Safety

Construction Failure Causation

2018-08-10 | Peter G Furst

Construction Failure Causation—Peter Furst looks at systemic problems resulting in injuries.

Claims Management 03

Greedily Contesting Claim Recovery Can Backfire

2018-07-27 | Barry Zalma

Greedily Contesting Claim Recovery Can Backfire—Barry Zalma relates a suit for total disability that didn't go well for the insured.

Claims Management 03

Insurtech and the Claim Function

2018-07-13 | Christopher E Mandel

Insurtech and the Claim Function—The insurance claim process has much to gain from technological advances, per Christopher Mandel.

Construction Safety

System Creep and Unseen Consequences

2018-07-13 | TJ Lyons

System Creep and Unseen Consequences—Safety measures can result in unforeseen problems. TJ Lyons steps back for a clear look at some hazards.

Continuous Performance Improvement

The Importance of Building a Safety Culture

2018-07-13 | John Pryor

Safety must be a collaborative, cross-functional engagement. Learn more from John Pryor.

Design and Professional Liability

When Striking Contract Language Isn't Enough

2018-07-13 | Kenneth A Slavens

When Striking Contract Language Isn't Enough—Stricken language may make the contract silent. Ken Slavens relates a case on point.

Additional Insured Issues

Additional Insured Coverage Dispute: Vivify v. Nautilus

2018-06-29 | Gregory Podolak

Gregory Podolak relates a case where CGL employee exclusion precluded additional insured coverage despite agreement.

Construction Quality

Quality Assurance Management: Ensuring Robust Outcomes

2018-06-29 | Peter G Furst

Quality Assurance Management: Ensuring Robust Outcomes—Peter Furst recommends using a measured approach to assess design and construction.

Builders Risk Insurance

Builders Risk: New AIA Requirements

2018-05-25 | Steven A Coombs

Steve Coombs summarizes the major changes and provides tips to those who arrange builders risk policies.

Additional Insured Issues

Whose Contract Is It Anyway: Gilbane Decision Requires Contractual Privity

2018-05-11 | Gregory Podolak

New York's high court recently weighed in on contractual privity. Gregory Podolak relates the Gilbanecase.

Construction Safety

Construction Safety Opportunities and Challenges

2018-05-11 | Peter G Furst

Construction Safety Opportunities and Challenges—There's a lot of useless information out there. Peter Furst provides a realistic view.

Construction Quality

Construction Quality, Diversity, and a Barrel Sauna

2018-04-20 | Rose Hall

Construction Quality, Diversity, and a Barrel Sauna—Using an example, Rose Hoyle shows why it takes a diverse set of skills, values, and thought processes to complete projects well.

Employee Well-Being

Creating Community in a Digital Era

2018-03-29 | Sally Spencer-Thomas

Creating Community in a Digital Era—Sally Spencer-Thomas examines how socialconnectedness has changed over time, along with the implications.

Claims Management 03

Insurance Claim Resolution and Settlement

2018-03-23 | Christopher E Mandel

Insurance Claim Resolution and Settlement—Chris Mandel looks at ways to reach faster and more equitable and efficient claim closure.

Construction Safety

Construction Safety Success—Making Safety Stick

2018-03-23 | TJ Lyons

Construction Safety Success—Making Safety Stick—Stickiness is when an idea becomes common practice. TJ Lyons describes implementing good ideas.

Construction Safety

Improve the Frontline Construction Supervisor's Impact

2018-03-02 | Peter G Furst

Improve the Frontline Construction Supervisor's Impact—Consider the foreman's role, advises Peter Furst, to increase performance and revenue.

Employee Well-Being

"Man Therapy": Engaging Men in Their Mental Health

2018-02-02 | Sally Spencer-Thomas

"Man Therapy": Engaging Men in Their Mental Health—Sally Spencer-Thomas explains this method that uses innovation, humor, and digital media.

Additional Insured Issues

Confirming Coverage: the Importance of Vetting Downstream Insurance

2018-01-19 | Gregory Podolak

Greg Podolak discusses the difficulty in confirming intended risk transfer.

Claims Management 03

Claim Evaluation: Determining Valuation

2018-01-19 | Christopher E Mandel

Claim Evaluation: Determining Valuation—Establishing claim value is the heart of the process. Chris Mandel describes the components.

Construction Quality

A Discourse on Construction Quality

2018-01-19 | Peter G Furst

A Discourse on Construction Quality—Peter Furst discusses the development of an effective quality management construction process.

Construction Safety

Suicide in the Construction Industry: Something We Need to Talk about

2018-01-05 | TJ Lyons

Suicide in the Construction Industry—TJ Lyons explains why it's important to talk about this serious problem.

Construction Safety

Attribution—A Hidden Risk Factor in Construction

2017-12-22 | Peter G Furst

Attribution—A Hidden Risk Factor in Construction—Peter Furst describes attribution bias, the tendency to interpret behavior differently than others.

Construction Quality

Supply Chain Quality Management: Control It before It Controls You

2017-12-15 | Rose Hall

Supply Chain Quality Management—Own the quality aspect, and value its impact on construction project goals, per Rose Hoyle.

Claims Management 03

Looking at the Tort of Bad Faith

2017-11-03 | Barry Zalma

Looking at the Tort of Bad Faith—Although around for decades, Barry Zalma argues the tort should be put down like a vampire.

Claims Management 03

Claim Investigation: Reaching Resolution

2017-10-06 | Christopher E Mandel

Chris Mandel discusses efforts necessary close a claim, from gathering evidence to litigation to setting reserve.

Additional Insured Issues

Overbroad Wrap Exclusion Can Hamper Additional Insured Risk Transfer

2017-09-29 | Gregory Podolak

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Employee Well-Being

Five Practices To Help You Find Happiness at Work

2017-09-22 | Sally Spencer-Thomas

Five Practices To Help You Find Happiness at Work—Sally Spencer-Thomas shows how true happiness can lead to greater productivity and safety at work.

Continuous Performance Improvement

Overlooked Risks of Hurricanes and Other Disasters

2017-09-08 | John Pryor

John Pryor emphasizes that critical planning is needed for catastrophe risk mitigation regarding hurricanes and other disasters.

Construction Law

Are Your Goods and Services UCC Worthy?

2017-09-01 | Robert J Miletsky

Are Your Goods and Services UCC Worthy?-- It's not a question "if" the UCC Articles apply, but how often and to what extent. Robert Miletsky explains.

Construction Quality

Top-Down Quality Management

2017-08-18 | Rose Hall

Top-Down Quality Management-- Rose Hoyle explains the approach and its effect on instilling a quality culture.

Construction Quality

Top-Down Quality Management

2017-08-18 | Rose Hall

Top-Down Quality Management-- Rose Hoyle explains the approach and its effect on instilling a quality culture.

Construction Safety

Dealing with Difficult Employees

2017-08-11 | Peter G Furst

Dealing with Difficult Employees-- Managing poor workers on a construction site takes empathy and logic, per Peter Furst.

Construction Safety

Doing Things Right in Construction Safety

2017-08-04 | TJ Lyons

Doing Things Right in Construction Safety -- TJ Lyons takes a moment to look back at construction safety successes and lessons learned.

Design and Professional Liability

Construction Specifications: Professional Liability Risk

2017-07-14 | Jeff Slivka

Construction Specifications: Professional Liability Risk -- Jeff Slivka highlights a potential area of professional risk for contractors.

Employee Well-Being

Understanding the Suicidal Mind

2017-07-14 | Sally Spencer-Thomas

Understanding the Suicidal Person—Sally Spencer-Thomas relates research showing suicide as a significant preventable public health problem.

Additional Insured Issues

Additional Insured Coverage under Excess Policies

2017-06-30 | Gregory Podolak

Often more restrictive than under the primary, Gregory Podolak advises using caution when placing additonal insured coverage under excess policies.

Construction Quality

Construction Quality: Project Specific Quality Plans

2017-06-30 | Rose Hall

Construction Quality: Project Specific Quality Plans -- Develop a roadmap to ensure contractor success by mitigating losses. Rose Hoyle explains.

Claims Management 03

Claim Reporting Best Practices

2017-06-23 | Christopher E Mandel

Claim Reporting Best Practices -- Chris Mandel examines the first of five major components of the claim management process, whether for insured, partially insured, or uninsured claims.

Construction Quality

Construction Industry Tolerances

2017-05-19 | Peter G Furst

Construction Industry Tolerances -- It's important to understand the effects of non-uniform, accepted construction tolerances, per Peter Furst.

Construction Law

How To Handle "Will Serve" Letters

2017-05-12 | Robert J Miletsky

How To Handle "Will Serve" Letters -- Don't dismiss them as just another layer of paperwork, warns Robert Miletsky.

Construction Safety

Managing Complacency in Construction

2017-04-28 | Peter G Furst

Construction complacency will decrease if an organization creates a culture that embraces enterprise-wide risk management, improving operational performance.

Claims Management 03

The Claim Function and Best Practices

2017-03-31 | Christopher E Mandel

Chris Mandel explains the fundamentals of claims management and the best ways to get to reasonable outcomes for all parties.

Design and Professional Liability

Contractors Professional Liability (CPrL) Insurance—Rectification/Mitigation Enhancement

2017-03-31 | Jeff Slivka

Jeff Slivka discusses the growing CPrL market and the various options available.

Wrap-Up Programs

Contemplating a Controlled Insurance Program—Part Two

2017-03-31 | Kathleen A Creedon

It's critical to start with a thorough feasibility analysis, per Kathleen Creedon.

Construction Safety

When It Comes to Construction Safety, What You Don't Know Can Hurt You

2017-03-24 | TJ Lyons

When it comes to construction safety, some common hazards are not known to workers. It's important to explain the dangers and eliminate them when possible.

Design and Professional Liability

New Owner's Design Warranty in Missouri

2017-03-17 | Kenneth A Slavens

Ken Slavens relates a recent Missouri case with significant implications for design professionals and owners.

Employee Well-Being

Make Suicide Prevention a Health and Safety Priority

2017-03-17 | Sally Spencer-Thomas

Workers in high-risk industries are at a greater risk of suicide. Examine the demographics.

Construction Law

Beware of Unclear Language in Construction Contracts/Forms

2017-03-03 | Robert J Miletsky

Learn about contra proferentem and other problems that can arise when using imprecise wording in construction contracts.

Construction Quality

Commercial Wood Frame Construction Risks

2017-02-17 | Rose Hall

Learn about the risks associated with the use of wood frame construction in commercial construction.

Construction Safety

Effective Communication in Construction Safety

2017-02-17 | Peter G Furst

In any communication involving construction safety, the four aspects of messages are going to shape the participants' perceptions.

Claims Management 03

Insurance Claim Fraud and Social Media

2017-01-13 | Christopher E Mandel

Insurance fraud is increasing, but law enforcement and social media may help slow it down.

Additional Insured Issues

Whose Contract Is It Anyway: Addressing the Contractual Privity Problem

2017-01-06 | Gregory Podolak

Courts are split as to whether direct contractual privity is required to satisfy certain additional insured endorsements. Greg Podolak explains.

Construction Safety

Borderless Safety

2017-01-06 | TJ Lyons

Traveling to construction sites abroad offers teaching and learning opportunities. Learn ways to ensure success when communicating about construction safety

Builders Risk Insurance

Learn Builders Risk Protective Safeguard Endorsements and Warranties

2016-12-09 | Steven A Coombs

Some builders risk policies contain conditions relating to mandatory protective safeguards. Steve Coombs describes the types, utilization, importance, and impact.

Construction Law

Choose the Right Construction Dispute Resolution Method

2016-12-02 | Robert J Miletsky

When construction disputes arise, arbitration, mediation, or litigation may result. Learn the pros and cons of each method.

Construction Safety

Organizational Performance and Employee Reliability

2016-10-14 | Peter G Furst

When it comes to construction site safety, there is a disconnect between expectations and results.

Additional Insured Issues

Excess-Only "Other Insurance" Clauses in California

2016-10-07 | Gregory Podolak

Will California ignore "excess-only" "other insurance" provisions even when the policy language is clear? Guidance may be coming.

Construction Law

Pay-When-Paid Clauses and Prompt Payment Acts

2016-09-02 | Robert J Miletsky

The interaction of pay-when-paid clauses and state prompt payment acts may impact your construction projects and contracts.

Construction Defect Coverage

Defective Work as Occurrence: "The Song Remains the Same"

2016-07-29 | Patrick J Wielinski

Recent case law on defective workmanship as occurrence is provided along with the corresponding unpredictability that has resulted.

Claims Management 03

Opioids: a Stumbling Block to Good Claim Outcomes

2016-07-22 | Christopher E Mandel

For injured workers on opioids, claims professional vigilance can facilitate better results.

Construction Safety

Managing for Results When Dealing with Difficult People

2016-07-22 | Peter G Furst

Construction involves many relationships that can become problematic; learn how to deal with problem people.

Additional Insured Issues

Contractual Insurance Requirements and Anti-Indemnity Statutes

2016-07-01 | Gregory Podolak

Contractual indemnity and additional insured coverage are being pulled together.

Construction Safety

A Checklist for Hiring the Perfect Safety Manager

2016-06-24 | TJ Lyons

When looking to hire a safety manager, look for these attributes.

Wrap-Up Programs

Contemplating a Controlled Insurance Program

2016-05-06 | Kathleen A Creedon

Five key questions for those considering a controlled insurance program (CIP).

Construction Safety

The Role of Beliefs in Safety

2016-04-08 | Peter G Furst

Subjective judgment is a major component in any risk assessment, particularly in construction.

Additional Insured Issues

Who Pays First? Manuscript Priority Language Enforced by NY Court

2016-04-01 | Gregory Podolak

The impact of HDI-Gerling v. Zurich American on additional insured issues.

Construction Safety

The Construction Safety Test

2016-03-24 | TJ Lyons

Construction safety cannot be special; it must be routine and undergo continual testing.

Claims Management 03

Managing Claims for the Benefit of Consumers

2016-03-18 | Christopher E Mandel

Whether occupational or injury or property casualty insurance claims, put consumers first.

Construction Safety

Everyone Is Responsible for Safety: the Myth and Solution

2016-01-29 | Peter G Furst

While a common adage, Peter Furst clarifies that managers must be leaders who value and motivate their workers.

Additional Insured Issues

Misapplication of the Employers Liability Exclusion in CGL Policies: Precluding Coverage for Nonemployer Insureds (Part 2)

2015-12-04 | Gregory Podolak

Coverage often turns on a single word. Gregory Podolak relates two recent New York cases.

Construction Safety

Employee Attitudes and Accidents

2015-12-04 | Peter G Furst

While organizations expect their workers to perform in a safe manner, Peter Furst explains why they may not.

Builders Risk Insurance

Builders Risk: Needed Changes to AIA General Conditions

2015-11-20 | Steven A Coombs

Steven Coombs outlines his recommended changes for the next revision of AIA model construction contracts.

Wrap-Up Programs

Wrap-Up Update—New York

2015-10-30 | Richard Resnick

Rich Resnick discusses the history and challenges of insuring large construction projects in the Big Apple.

Construction Quality

Construction Quality Management

2015-10-23 | Peter G Furst

A robust quality management program is critical to the overall success of a construction project. Peter Furst provides the basics.

Construction Safety

Human Error Considerations in Construction Project Delivery

2015-10-02 | Peter G Furst

Why do accidents happen on construction sites? Peter Furst looks at the human element.

Design and Professional Liability

Professional Liability Risk and the CMAR Delivery Method

2015-10-02 | Jeff Slivka

Jeff Slivka explains the importance of understanding the professional liability risks involved with this construction process.

Additional Insured Issues

Timely Notice Considerations for Additional Insureds

2015-09-25 | Gregory Podolak

Gregory Podolak explains why it is wise to give notice as soon as possible of an "occurrence."

Construction Safety

Stop Work Authority and the Bystander Effect

2015-07-31 | Peter G Furst

While safety SWA programs work in manufacturing, Peter Furst shows they may not be as effective in construction settings.

Claims Management 03

Next-Level Claim Strategies

2015-07-24 | Christopher E Mandel

Chris Mandel explains how such strategies can provide a clear advantage over traditional approaches and offer a competitive advantage for organizations that effectively deploy them.

Design and Professional Liability

Contractor Project Delivery Methods: Test Your Knowledge!

2015-07-10 | Jeff Slivka

Jeff Slivka offers a little quiz on the basics. Try your hand, and see how you do.

Additional Insured Issues

Misapplication of the Employers Liability Exclusion in CGL Policies: Precluding Coverage for Non-Employer Insureds

2015-06-19 | Gregory Podolak

Gregory Podolak discusses why upstream parties should not rely on assumptions regarding protections available under employers liability exclusions.

Construction Safety

Organizational Culture Drives (Safety) Performance

2015-06-19 | Peter G Furst

We need a paradigm shift in how we manage the safety process. Peter Furst examines the issues.

Builders Risk Insurance

Builders Risk: Separation of Insureds Clause

2015-05-22 | Steven A Coombs

Most builders risk policies do not address this issue. Steve Coombs says industry action is needed.

Design and Professional Liability

Attorney Fee Award Approved Based on Incorporated AAA Rules

2015-05-15 | Kenneth A Slavens

This case has unwieldy implications for contracts where attorney fees were not intended. Ken Slavens explains.

Claims Management 03

Workers Compensation Options in Claims Management

2015-04-03 | Christopher E Mandel

When it comes to workers comp, many states benefit from giving employers a choice, says Chris Mandel.

Additional Insured Issues

Today's Additional Insured Endorsements: Revisiting the Impact of ISO Form Changes

2015-03-01 | Gregory Podolak

Gregory Podolak examines ISO's 2013 updates to automatic additional insured forms.

Builders Risk Insurance

Builders Risk: Tunnels and Underground Projects

2015-02-01 | Steven A Coombs

Steve Coombs explains why builders risk insurance involving underground work is one of the most difficult types of projects to underwrite.

Construction Safety

Applying Systems Thinking to Safe Operations

2015-02-01 | Peter G Furst

Focusing on construction worker training is one way to eliminate losses Peter Furst advocates focusing on the systems instead.

Design and Professional Liability

Who Can Opine on the Design Professional's Standard of Care?

2015-01-31 | Kenneth A Slavens

What makes one an expert? Ken Slavens looks at a recent New Jersey case that examines the like-licensed requirement.

Design and Professional Liability

Mold and Professional Liability Insurance

2015-01-01 | Jeff Slivka

Does the typical professional liability policy cover mold and microbial issues? Jeff Slivka takes a quick look.

Additional Insured Issues

Making Your Bed: "Blanket" Additional Insured Endorsements and the Underlying Agreement

2014-12-01 | Gregory Podolak

It is wise to have a fully executed, written contract with the named insured describing the requested coverage Gregory Podolak elaborates.

Construction Safety

Construction Safety Best Practices

2014-12-01 | TJ Lyons

TJ Lyons explains construction safety best practices that were discussed at the IRMI Construction Risk Conference when he hosted one of the Construction Café tables with the topic "Best Practices in Construction Safety—Bring One, Gather Many," sponsored by Zurich.

Construction Safety

Communication Insights for Supervision

2014-11-01 | Peter G Furst

The supervisor is in a unique position, serving as the link between management and the workforce The successful execution of organizational strategy hinges on the effectiveness of the supervisor s ability to lead workers to enthusiastically engage in their assigned tasks.

Construction Safety

The Role of Communication in Effective Supervision

2014-10-01 | Peter G Furst

The supervisor has to be not only an effective communicator but also a relationship builder. Peter Furst explains.

Construction Safety

Slip, Trips, and My Falls

2014-10-01 | TJ Lyons

TJ Lyons examines common falls—in construction settings and at home—and how to avoid them and mitigate the consequences.

Construction Liability Insurance

Get a Knowledgeable Construction Broker

2014-09-01 | Mark Bell

Mark Bell explains some of the unique issues and considerations in construction insurance.

Construction Safety

Normalization of Performance Deviations

2014-08-01 | Peter G Furst

"To diligently guard against accepting lower standards as the norm, you need a culture where people do the "right" thing every time, Peter Furst says".

Continuous Performance Improvement

Why Risk Management and Quality Management Must Converge

2014-06-14 | John Pryor

You're no doubt familiar with the metaphor of people who demonstrate a very human propensity to each stay within their own separate silo—and miss multiple opportunities for profit and increased revenue by not using cross-functional communication and collaboration. It's not unique to risk management practitioners, of course. It happens in every industry and profession. The value of lost opportunities is incalculable.

Construction Defect Coverage

Construction Defect and Occurrence: Still Crazy after All These Years

2014-06-01 | Patrick J Wielinski

Pat Wielinski reviews occurrence-based CGL opinions published during the past 18 months.

Design and Professional Liability

Contractors Professional Liability—A Market Update

2014-05-10 | Jeff Slivka

Jeff Slivka discusses changes in coverage, the insurers selling, and the contractors buying this coverage.

Construction Safety

A Safety Value Proposition

2014-05-01 | Peter G Furst

Rather than being an add-on activity, safety should become part of the mainstream activities of the company, Peter Furst advises.

Wrap-Up Programs

Top Wrap-Up Dos and Don'ts—Preconstruction

2014-05-01 | Richard Resnick

Quick, essential tips for those interested in OCIPs and CCIPs. Rich Resnick looks at the phase before the shovel touches the ground.

Construction Defect Coverage

Ewing v. Amerisure

2014-01-01 | Patrick J Wielinski

Pat Wielinski discusses the recent Texas Supreme Court Ruling, Ewing Construction v. Amerisure, and its implications.

Construction Safety

Construction Killing Conditions

2013-12-01 | TJ Lyons

TJ Lyons explains system creep and discusses ways to deal with deadly conditions on job sites.

Continuous Performance Improvement

Insurance Innovation—Balanced Scorecard

2013-12-01 | John Pryor

Use this tool to help you create more innovations in what you do each and every day, per John Pryor.

Continuous Performance Improvement

Insurance Innovation—an Oxymoron?

2013-11-01 | John Pryor

John Pryor looks at innovative ideas and practices in the insurance industry.

Construction Liability Insurance

2013 ISO Additional Insured Endorsements: Putting the Changes into Context for the Construction Industry

2013-08-01 | Mark Bell

Mark Bell discusses the 2013 revisions, putting the changes into context for the construction industry.

Design and Professional Liability

Constructing Professional Liability Insurance Requirements for Design-Build Projects

2013-06-08 | Jeff Slivka

Jeff Slivka asks: what do you want to accomplish when requiring professional liability insurance for your design-build project?

Construction Liability Insurance

Indemnity and Additional Insured Requirements: Why Am I Demanding Them, Why Do Others Want Them, and What Does It All Mean?

2013-05-01 | Mark Bell

Insureds need to understand what relationship they are seeking and why to ensure they are adequately covered, per Mark M. Bell.

Construction Safety

Safety Myths and Wrongheaded Beliefs Prevalent in the Construction Industry

2013-05-01 | Peter G Furst

Myths are an integral part of culture. Peter Furst reviews construction myths and why they fail.

Construction Liability Insurance

The Elusive "Pollution" Definition in the CGL Policy

2013-03-01 | Mark Bell

Owners, contractors, and subcontractors need to understand what their policies cover, advises Mark Bell.

Construction Safety

Fundamentally, Safety Is a People Problem—An Overview

2013-03-01 | Peter G Furst

Stop focusing on your accident statistics, recommends Peter Furst, and look at the elemental aspects of the organization.

Builders Risk Insurance

Builders Risk: Lessons Learned from a Plant Explosion

2012-12-08 | Steven A Coombs

Those who design/implement builders risk insurance programs can learn from court cases. Steven Coombs relates a case and lessons learned.

Construction Safety

Ineffective Construction Management Practices and Their Impact on Project Safety

2012-12-01 | Peter G Furst

There are many potential sources of error in the project delivery process. Peter Furst reviews some.

Construction Safety

How "Safety Symmetry" Provides Clues to Safe Sites or "Why Is That One Cow Standing?"

2012-12-01 | TJ Lyons

TJ Lyons shows danger areas on construction sites and what to watch out for.

Design and Professional Liability

Contractor's Professional Liability and the CGL

2012-10-01 | Jeff Slivka

Jeff Slivka examines the CGL exclusion endorsements and discusses why contractors professional liability policies may provide a better solution.

Construction Safety

Correction Conversations Can Improve Construction Safety

2012-09-14 | TJ Lyons

Safety inspectors need to do more than show problem areas, per TJ Lyons, they also need worker buy-in.

Construction Safety

Innovations in Construction Safety—Error Proofing

2012-08-01 | Peter G Furst

While construction safety has traditionally focused primarily on the worker, Peter Furst says attention should be on the process.

Builders Risk Insurance

Builders Risk Insurance: When Coverage Interpretation Relies on Nonpolicy Documents

2012-07-01 | Steven A Coombs

In claims situations, Steven Coombs says it can be necessary to look outside the policy to determine coverage.

Construction Safety

Conflict Resolution in the Construction Setting

2012-04-01 | Peter G Furst

If anything is true about conflict, it is that it will occur. Peter Furst examines the emotional aspects, sources, and resolution styles.

Construction Safety

Playing "What If" to Search Out Construction Hazards

2012-03-01 | TJ Lyons

TJ Lyons advises construction managers and workers to take a new look at their sites and ask what could happen.

Builders Risk Insurance

Builders Risk: Naming of Insureds Reloaded

2012-02-01 | Steven A Coombs

Steven Coombs explains the importance of a severability of interest clause or similar provision in a builders risk insurance policy.

Construction Safety

The Ten Elements Framework

2012-01-01 | Peter G Furst

Use these tools, management techniques, and innovative strategies to reduce construction accidents. Peter Furst explains.

Construction Safety

Ten Elements of Safety Excellence: an Integrated Organizational Approach to Construction Safety

2011-12-01 | Peter G Furst

Construction safety risk associated with worker injuries, how it is managed, and ways to improve the process. (IRMI.com article).

Claims Management 03

The Next Level of Business Income Coverage

2011-11-01

Timothy King explains how insurance claims from off-premises events can harm business if not insured.

Design and Professional Liability

Mitigation of Damages Coverage Helps with Design Defects

2011-09-03 | Jeff Slivka

Provides insureds with first-party coverage for damages incurred from a design defect discovered during course of construction. (IRMI.com article)

Builders Risk Insurance

Builders Risk Insurance: The "Other Insurance" Condition

2011-09-01 | Steven A Coombs

Other insurance' clauses, typically found in insurance policies, are often misunderstood and their impact unknown. Steve Coombs explains.

Construction Safety

Underground Construction Risks—What's Underground Can Kill

2011-09-01 | TJ Lyons

Construction accidents from underground risks are many, and most are preventable. (IRMI.com article)

Construction Safety

The Importance of Influence

2011-05-01 | Peter G Furst

A big part of construction safety is influencing others for the good of the project. Peter Furst describes the basic human tendencies that come into play.

Wrap-Up Programs

Wrap-Ups and Their Inevitable Termination

2011-04-01 | Richard Resnick

There are some critical steps in shutting down a wrap-up. Richard Resnick reviews them.

Construction Safety

Construction Crises: Danger or Opportunity

2011-03-05 | Peter G Furst

Proactive organizations learn from preparing and surviving disasters. Peter Furst provides guidance for both.

Design and Professional Liability

Take Advantage of Project Excess Endorsements

2011-01-22 | Jeff Slivka

Jeff Slivka explains a cost-effective solution for handling requests for professional liability insurance.

Design and Professional Liability

Failing To Define the Standard of Care

2011-01-01 | Kenneth A Slavens

Expert witnesses must render their opinions as design professionals render their services, per a case related by Ken Slavens.

Builders Risk Insurance

Builders Risk: Don't Overlook Contractors' Policies

2010-12-01 | Steven A Coombs

While owners typically secure and maintain the required builders risk insurance, Steven Coombs asks whether that's the best alternative.

Construction Safety

Performance Management and the Human Error Factor: a New Perspective

2010-12-01 | Peter G Furst

Peter Furst says management must move away from command and control, and instead foster trust, empower workers, and lead.

Claims Management 03

Controlling Claims Leakage through Technology

2010-11-01

Proper use of claims systems, basic reporting analysis, and advanced tools such as predictive analytics can help reduce the ultimate cost of risk, per David Tweedy.

Construction Defect Coverage

Construction Defect Insurance Coverage Remains Difficult To Predict

2010-09-01 | Patrick J Wielinski

Texas does an about-face in Gilbert Tex. Constr., LP v. Underwriters at Lloyd's. Pat Wielinski reveals the dilemma.

Construction Safety

Ten Questions Every Construction Safety Professional Should Ask

2010-09-01 | TJ Lyons

Asking pointed questions is a critical element to the safety effort, per TJ Lyons, and provides an opportunity to test your teams.

Builders Risk Insurance

Builders Risk Insurance: "As Their Interests May Appear"

2010-07-01 | Steven A Coombs

Steven Coombs makes a strong argument that the clause is unnecessary and serves no useful purpose.

Construction Safety

Construction Project Risk Management

2010-05-01 | Peter G Furst

Peter Furst reviews the basics of project management the elements, players, and relational model.

Claims Management 03

Litigation Management—Crucial but Confusing

2010-02-01

Litigation is expensive. Glenn Brown explains how to manage costs.

Claims Management 03

Reduce Claims To Improve WC Mod

2009-12-01

Manage workers compensation experience rating plans to curb expenses, per David Ackerman.

Design and Professional Liability

Project Professional Liability Insurance for Construction Firms

2009-11-14 | Jeff Slivka

Contractors are exposed to a variety of day-to-day professional risks, and Jeff Slivka describes products that are available to cover them.

Construction Safety

Supervisor's Role in Employee Performance

2009-11-01 | Peter G Furst

Happy workers use imagination, ingenuity, and creativity on the job, and Peter Furst says it's the manager's role to help.

Construction Quality

Getting a Grip on Quality in the Constructed Project: Defining Quality

2009-10-17 | Ron Prichard

Delivery of quality results in line with expectations is key to a successful project. Dr. Ron Prichard relates the importance of defining quality pre-project.

Construction Defect Coverage

CGL Exclusions May Impact Coverage for Occurrences Involving Defective Work

2009-10-01 | Patrick J Wielinski

Pat Wielinski relates a case finding no coverage for claims solely for economic loss due to faulty workmanship.

Continuous Performance Improvement

Deming's Deadly Diseases: Obstacles To Avoid So Deming's 14 Points Will Work for You

2009-10-01 | John Pryor

John Pryor lists obstacles to avoid so that Dr. W. Edwards Deming's theory of management will work for you.

Surety 02

Killer Bond Forms and Contract Provisions (Part 4)

2009-08-22 | Marilyn Klinger

Marilyn Klinger discusses new surety bond forms and contract provisions for contractors and subcontractors.

Claims Management 03

Workers Compensation Return-to-Work Programs: Cost Savers?

2009-08-01

Insurance savings can be achieved if done correctly. Glenn Brown explains.

Additional Insured Issues

Questions and Answers on Additional Insured Issues—Part 2

2009-07-18 | Jack P Gibson

IRMI tackles more additional insured endorsement questions dealing with AI requirements, other insurance, certificates, and miscellaneous issues.

Additional Insured Issues

Questions and Answers on Additional Insured Issues—Part 1

2009-07-11 | Jack P Gibson

IRMI answers tricky additional insured endorsement scope of coverage questions as posed in its recent Webinar.

Construction Safety

Construction Injury Prevention through Safety

2009-07-01 | Peter G Furst

Those in the insurance industry often react to certificate bulletins as if they have the force of law. But do they really? (IRMI.com article)

Construction Safety

Construction Injury Prevention through Design

2009-06-01 | Peter G Furst

Peter Furst addresses the building process and the risks faced by construction workers, focusing on the owners' and designers' roles.

Construction Safety

Construction Risk Management in a Hard Economy: The Treasures

2009-06-01 | TJ Lyons

Economic downturns greatly affect construction. TJ Lyons shows how to use it to your advantage.

Design and Professional Liability

Understanding Contractor's Protective Insurance

2009-06-01 | Jeff Slivka

Jeff Slivka explains why firms involved extensively in design/build efforts may need CPPI.

Design and Professional Liability

The 2007 AIA Document: Changes in Formal Dispute Resolution

2009-05-16 | Kenneth A Slavens

A new process allows the contracting parties to choose the dispute resolution method to be used. Ken Slavens explains.

Claims Management 03

Reducing Workers Compensation Claims during a Layoff

2009-05-01

Lisa Hartman outlines the layoff issues risk managers face and suggests strategies to help guide them.

Construction Safety

Construction Risk Management in a Hard Economy: The Risks

2009-04-01 | TJ Lyons

Economic downturns greatly affect construction. TJ Lyons shows how inappropriate cost cutting can spell disaster.

Claims Management 03

Workers Compensation Reserves—Dollars and Sense

2009-02-01

William Quinn explains how improper loss reserving can affect insurers and employers, and should be monitored closely.

Continuous Performance Improvement

Deming's Point #14 as Applied to the Insurance Industry

2009-01-01 | John Pryor

John Pryor outlines W. Edwards Deming's Point 14: start as soon as possible; have everyone participate; strive for quality.

Construction Safety

Construction Blasting Risk Management

2008-12-01 | Peter G Furst

There are many forms of risk associated with blasting work. Peter Furst explains that despite these risks, blasting can be performed without incident.

Claims Management 03

Is Self-Administration Ever the Right Answer?

2008-11-01

Glenn Brown explores the decision-making process along with the risks, possible rewards, and challenges of administering your own claims.

Construction Safety

Construction Blasting Fundamentals

2008-11-01 | Peter G Furst

Peter Furst provides the basics on commercial explosives, blast physics, rock properties, construction blast design and techniques.

Construction Safety

Construction Project Audits—Examples of Poor Practices

2008-10-01 | TJ Lyons

TJ Lyons shows through photos things to look for during a construction site tour.

Surety 02

Killer Bond Forms and Contract Provisions (Part 3)

2008-08-16 | Marilyn Klinger

Marilyn Klinger delves further into coverage limitations, when the obligee completes, waiving defenses, subdivision bonds, and more.

Claims Management 03

Technology and Claims: Blessing or Curse?

2008-08-01

RMIS Review Editor David Tweedy takes a look at the advantages and disadvantages of technological progress in claims management.

Claims Management 03

Third-Party Administrators: Quality versus Price

2008-06-01

The wise consumer will analyze the quality indicators first and then compare price when selecting a TPA. Glenn Brown explains.

Design and Professional Liability

Contractors Professional Liability Market Update

2008-06-01 | Jeff Slivka

Jeff Slivka expects to continue to see an expanded need for CPrL. Markets, requirements, rates, and trends are provided.

Claims Management 03

An Insurance Claims Management Retrospective

2008-04-01

William Quinn Jr. takes a look at the claims management experience, then (1950s) and now (2000s).

Construction Defect Coverage

Defective Construction as an Occurrence: Witnessing the "Occurrence" Farewell Tour?

2008-04-01 | Patrick J Wielinski

Pat Wielinski reviews more litigation involving the CGL definitions of 'occurrence' and 'property damage.'

Construction Safety

Construction Risk Management: Recognizing Incompetent Workers

2008-03-01 | TJ Lyons

Keeping an incompetent person on your construction project is a major mistake. T.J. Lyons explains ways to avoid it.

Construction Safety

Construction Risk Management: Avoiding the Incompetent Worker

2008-03-01 | TJ Lyons

Letting an incompetent person oversee work on your construction project is a recipe for disaster. T.J. Lyons explains.

Design and Professional Liability

Owners Protective Professional Indemnity Insurance

2008-03-01 | Jeff Slivka

Jeff Slivka and Tony Polini discuss the OPPI policy as a more desirable option for owners than the alternatives currently available to them.

Construction Defect Coverage

The Year of the Occurrence: 2007 Defective Construction Insurance Cases in Review

2008-02-01 | Patrick J Wielinski

Pat Wielinski reviews litigation involving the CGL definitions of 'occurrence' and 'property damage.'

Construction Safety

Enterprise Safety Management: Creating a Framework

2008-01-19 | Peter G Furst

Peter Furst looks at the safety procedures, people focus, operational focus, and organizational systems necessary to ensure an injury-free workplace.

Construction Safety

Enterprise Safety Management: Creating an Injury-Free Workplace

2007-09-15 | Peter G Furst

Peter Furst discusses ESM as a framework for achieving an injury free workplace, including the history, evolution, and foundational elements.

Construction Defect Coverage

Worth the Weight (in Gold): the Texas Supreme Court Weighs in on Defective Construction as Occurrence

2007-09-01 | Patrick J Wielinski

Pat Wielinski relates the recent Texas Supreme Court holding that unexpected/unintended property damage is an "occurrence" under the CGL.

Design and Professional Liability

Contractors Professional Liability Update

2007-08-01 | Jeff Slivka

Jeff Slivka examines the marketplace, the trends, and the various forms of coverage available this year.

Surety 02

Killer Bond Forms and Contract Provisions (Part 2)

2007-08-01 | Marilyn Klinger

In this ongoing series, Marilyn Klinger discusses the surety problem of penal sum increases with change orders.

Continuous Performance Improvement

Deming's Point #13 as Applied to the Insurance Industry

2007-07-01 | John Pryor

John Pryor discusses Dr. W. Edwards Deming's adage: Encourage education and self-improvement for everyone.

Design and Professional Liability

Project Professional Liability: Professional Liability Insurance Alternatives for Construction Projects

2007-06-01 | Jeff Slivka

Jeff Slivka provides an overview of four alternatives for protecting a construction project from professional liability.

Surety 02

Killer Bond Forms and Contract Provisions (Part 1)

2007-06-01 | Marilyn Klinger

In an ongoing series, Marilyn Klinger discusses new bond provisions and their impact on the liability of the surety industry.

Wrap-Up Programs

Wrap-Ups and the Issue of Collateral (Part 2)

2007-06-01 | Richard Resnick

Rich Resnick helps navigate confusing collateral issues by answering typical questions posed by insureds.

Construction Safety

The Construction Foreman—Working without a Net

2007-05-26 | Peter G Furst

To succeed, foremen must lead the workforce as well as the process. Peter Furst says that few are given the proper leadership training to do so.

Construction Safety

The Injury-Free Construction Site and the Foreman: an Underutilized Resource in the Safety Process

2007-03-03 | Peter G Furst

Peter Furst looks at the foreman s role in planning and executing safety on the construction site.

Continuous Performance Improvement

Deming's Point #12 as Applied to the Insurance Industry

2007-01-01 | John Pryor

John Pryor examines Deming's admonition along with industry icon and role model Bernard J. Daenzer.

Wrap-Up Programs

Wrap-Ups and the Issue of Collateral (Part 1)

2007-01-01 | Richard Resnick

Rich Resnick looks at some technical issues regarding what collateral is and the reasoning behind why underwriters require it.

Construction Safety

Managing Construction Risk through Pre-Operational Planning

2006-09-30 | Peter G Furst

Peter Furst explains that the goal of preplanning is to reduce hazards, which will minimize disruption, increase efficiency, and lower costs.

Continuous Performance Improvement

Deming's Point #11 as Applied to the Insurance Industry

2006-09-01 | John Pryor

John Pryor examines Dr. Edwards Deming's Point #11: Eliminate numerical quotas for the workforce … and for people in management.

Construction Defect Coverage

Complex Construction Defect Claims: Who Pays First?—Part 2

2006-07-01 | Patrick J Wielinski

Performance bond sureties may look to the contractor's CGL insurer to recoup losses. Pat Wielinski explains.

Workplace Violence Prevention

Investigating Domestic Violence in the Workplace

2006-07-01 | James N Madero

Dr. James Madero describes the major categories of investigation that are critical to understanding and managing this growing risk.

Wrap-Up Programs

Measuring Success—Integrated Risk Management

2006-06-03 | Peter G Furst

Peter Furst outlines some tools and techniques to assess the effectiveness of the safety management process.

Construction Defect Coverage

Complex Construction Defect Claims Involving Performance Bonds and Insurance: Who Pays First?—Part 1

2006-06-01 | Patrick J Wielinski

In a two-part series, Pat Wielinski discusses a recent and major concern of the construction industry - the risk of nonperformance or default.

Continuous Performance Improvement

Deming's Point #10 as Applied to the Insurance Industry

2006-06-01 | John Pryor

John Pryor explains Dr. Edwards Deming's Point #10: Eliminate slogans, exhortations, and targets for the workforce.

Surety 02

Surety Underwriting, Sales & Service—A Delicate Balance

2006-05-01 | Rolf A Neuschaefer

Rolf Neuschaefer explains the need for a better understanding of the respective responsibilities of sureties and agents.

Surety 02

California Curtails Unlicensed Contractors' Recovery for Their Work

2006-04-01 | Marilyn Klinger

Marilyn Klinger details a ruling stressing that contractors who enter into contracts to perform work do so at their own peril.

Continuous Performance Improvement

Deming's Point #9 as Applied to the Insurance Industry

2006-03-01 | John Pryor

John Pryor discusses Dr. W. Edwards Deming's ninth principle: "Break down barriers between staff areas."

Surety 02

Construction Surety Bond Liability for Consequential Damages

2006-03-01 | Marilyn Klinger

Marilyn Klinger relates those cases that have found sureties liable for consequential damages in a loose chronological order going back 40 years.

Wrap-Up Programs

Wrap-Ups: Back to Basics

2006-03-01 | Richard Resnick

Rich Resnick explains what a wrap up is, the benefits of forming one, and the size requirements.

Continuous Performance Improvement

Deming's Point #8 as Applied to the Insurance Industry

2005-12-01 | John Pryor

John Pryor discusses Dr. W. Edwards Deming's eighth principle: "Drive out fear so that everyone may work effectively for the company" and the importance of trust and security in employment.

Design and Professional Liability

Are You Really Protected from Consequential Damages Exposure?

2005-11-01 | Michael C Loulakis

In discussing Action Ind. v. USF&G, Michael Loulakis points out the importance of a full waiver of consequential damages for anything arising out of or related to the design-build contract.

Design and Professional Liability

Higher Policy Limits for Specific Projects

2005-10-22 | David H Collings

David Collings explains that architects and engineers do not need to avoid projects that require higher insurance limits. Other options are available, such as adjusting professional liability limits.

Continuous Performance Improvement

Deming's Point #7 as Applied to the Insurance Industry

2005-10-01 | John Pryor

John Pryor discusses Dr. W. Edwards Deming's seventh principle: 'Adopt and institute leadership' and explains how he distinguishes leadership from management.

Continuous Performance Improvement

Deming's Point #6 as Applied to the Insurance Industry

2005-07-01 | John Pryor

Dr. W. Edwards Deming's sixth principle is 'Institute training. Training must be totally reconstructed.' In his description of this point, Dr. W. Edwards Deming draws a strong distinction between training and education.

Design and Professional Liability

The Exception Is Swallowing the Rule: Negligent Misrepresentation and the Economic Loss Doctrine

2005-07-01 | Kenneth A Slavens

Ken Slavens relates a recent Pennsylvania case allowing recovery where the defendant is in the business of supplying information for the guidance of others and makes a negligent misrepresentation.

Workplace Violence Prevention

Workplace Violence in the 21st Century: Emerging Trends

2005-07-01 | James N Madero

It is clear that workplace and school violence incidents and prevention efforts have changed since the early 1990s. Dr. James Madero looks at the changes.

Additional Insured Issues

Excess Insurer Entitled to Equitable Subrogation—Not Equitable Contribution—from Primary Insurer

2005-06-01 | Joseph P Postel

In his Insurance Law column, Joe Postel looks at the 2004 decision in Home Ins. v Cincinnati Ins. and discusses its possible effect on additional insured claims in the future.

Design and Professional Liability

The "Bargained-for" Result: Torts, Contracts, and Statutes of Limitation

2005-06-01 | Kenneth A Slavens

Limitations for contract and tort actions may differ. The applicable statute oflimitation is properly related to the remedy, rather than to the theoryof liability. Kenneth Slavens explains.

Wrap-Up Programs

Rolling Wrap-Up Programs

2005-05-01 | Richard Resnick

There are many variables to the rolling wrap-up program. Rich Resnick discusses the pitfalls and the upside of instituting these programs.

Workplace Violence Prevention

School Violence

2005-04-09 | James N Madero

The potential for school violence has led many school systems to either implement a school violence prevention program or augment the one already in place. Dr. James Madero explains.

Continuous Performance Improvement

Deming's Point #5 as Applied to the Insurance Industry

2005-04-01 | John Pryor

When focused on the customer, continuous process improvement, through process mapping, has transformed insurance organizations. John Pryor provides some examples.

Design and Professional Liability

Dealing with Ambiguities in Design-Build Contracts

2005-01-15 | Michael C Loulakis

Mike Loulakis discusses recent case law supporting the view that an owner retains liability to the design-builder when it provides faulty or ambiguous information to bidders.

Continuous Performance Improvement

Tom Peters "Hates" Quality but "Loves" Its Principles and Practices

2005-01-01 | John Pryor

In his Continuous Performance Improvement column, John Pryor comments on the new book by Tom Peters, and contrasts his principals with those of Dr. W. Edwards Deming.

Workplace Violence Prevention

Preventing Workplace Violence: Challenges and Dilemmas

2005-01-01 | James N Madero

Terminated employees, furious clients, and violent spouses may pose serious threats to fellow employees, employers, and others. Dr. James Madero looks at the situations, solutions, and resolutions.

Wrap-Up Programs

Have You Thought about a Contractor Controlled Insurance Program?

2005-01-01 | Richard Resnick

Which is preferable, a contractor controlled insurance program or an owner controlled program? Richard Resnick provides some objective reasoning toward CCIPs.

Surety 02

Unraveling Letters of Credit

2004-11-01 | Marilyn Klinger

In this Surety Law and Claims column, Marilyn Klinger attempts to unravel the various different titles placed on letters of credit, emphasizing that it is the language that is the crux of any letter of credit._x000D_

Additional Insured Issues

The Courts and Equitable Subrogation versus Equitable Contribution (Part 3)

2004-10-01 | Joseph P Postel

In the first of a three-part series, Joseph Postel examines court rulings on additional insured status and how courts have treated - and often confused equitable contribution and equitable subrogation.

Workplace Violence Prevention

Deadly Terminations … and How to Avoid Them

2004-10-01 | James N Madero

Dr. James Madero examines the team approach versus the hindsight approach to workplace violence prevention when terminating potentially dangerous employees.

Wrap-Up Programs

Wrap-Ups and the Balance Sheet Effect

2004-10-01 | Richard Resnick

In his risk management wrap-up column, Richard Resnick takes a look at the asset side of the balance sheet with the goal of achieving ultimate cash savings with a wrap-up.

Additional Insured Issues

The Courts and Equitable Subrogation versus Equitable Contribution (Part 2)

2004-09-01 | Joseph P Postel

In the second of a three-part series, Joseph Postel examines court rulings on additional insured status and how courts have treated - and often confused equitable contribution and equitable subrogation.

Continuous Performance Improvement

Demings's Point #4 as Applied to the Insurance Industry

2004-09-01 | John Pryor

"End the practice of awarding business on the basis of price tag alone." John Pryor discusses this W. Edwards Deming principle along with real-world examples.

Additional Insured Issues

The Courts and Equitable Subrogation versus Equitable Contribution (Part 1)

2004-08-01 | Joseph P Postel

In the first of a three-part series, Joseph Postel examines court rulings on additional insured status and how courts have treated - and often confused equitable contribution and equitable subrogation.

Construction Defect Coverage

Recent Case Law Applying the Subcontractor Exception: Too Little Too Late?

2004-08-01 | Patrick J Wielinski

Pat Wielinski discusses two court rulings that could result in a catastrophic reduction in CGL coverage for many contractors, creating a coverage gap that will be extremely difficult to fill.

Additional Insured Issues

How Will Courts Construe ISO's New Additional Insured Endorsements?

2004-07-01 | Joseph P Postel

While the new Insurance Services Office additional insured forms have been filed, how courts will rule on the coverage changes is anyone's guess. Joe Postel provides an educated prediction.

Design and Professional Liability

Making the Most of Standard Indemnity Clauses

2004-06-19 | Kenneth A Slavens

Kenneth Slavens relates the case of Nusbaum v. The City of Kansas City and the Missouri Supreme Court's application of indemnification clauses found in AIA documents.

Continuous Performance Improvement

Deming's Points #2 and #3 as They Apply to the Insurance Industry

2004-06-01 | John Pryor

"Adopt the new philosophy," and "Cease dependence on mass inspection." John Pryor discusses these W. Edwards Deming principles along with real-world examples.

Workplace Violence Prevention

Preemployment Screening and Workplace Violence Prevention

2004-06-01 | James N Madero

The number of workplace homicides has dropped from 1074 in 1993 to 609 in 2002, due in part to effective preemployment screening programs. Dr. James Madero explains.

Design and Professional Liability

Standards Needed for Mold Exposure, Testing, and Remediation

2004-04-01 | Kent Holland

Richard Zarandona and Kent Holland discuss the mold litigation explosion, defective construction as the alleged cause of mold growth, the health effects, and the need for standards.

Continuous Performance Improvement

Deming's Point #1 as It Applies to the Insurance Industry

2004-03-01 | John Pryor

Create constancy of purpose for improvement of product and service. John Pryor discusses this W. Edwards Deming principle along with real-world examples.

Workplace Violence Prevention

Domestic Violence in the Workplace: A Continuing Danger

2004-03-01 | James N Madero

Domestic violence has been spilling over into the workplace at an alarming rate Dr James Madero discusses the national tragedy and provides a necessary response.

Construction Liability Insurance

Are All EIFS Contractors Created Equal?

2004-02-01 | Ann Hickman

There is an ongoing debate in the industry whether EIFS liability exposures can be underwritten or should simply be excluded. IRMI analyst Ann Hickman provides some insights into how an underwriter might evaluate the risks faced by a contractor from exterior insulation and finish systems.

Continuous Performance Improvement

Deming Disciples—Our Industry's Real Leaders?

2004-02-01 | John Pryor

John Pryor examines the leadership principles espoused by W. Edwards Deming and their application for the insurance industry.

Surety 02

ERISA Preemption and Claims for Employee Benefits

2004-01-01 | Marilyn Klinger

While prevailing California case law still holds that ERISA preempts an employee benefit trust fund action against a payment bond surety, this trend is waning. Marilyn Klinger explains._x000D_

Workplace Violence Prevention

A Workplace Violence Prevention Program—An Investment with a Great Yield

2003-09-01 | James N Madero

This summer, a number of preventable homicides occurred in American workplaces Dr James Madero offers compelling reasons for workplace violence prevention programs.

Construction Liability Insurance

Construction Defect Crisis Produces Coverage-Restricting Endorsements

2003-08-01 | Ann Hickman

Insurers are making significant changes to their policies in response to rising construction defect claims. Ann Rudd Hickman takes a look at these changes, including those affecting known loss, EIFS, mold, earth movement, residential construction, additional insureds, and others.

Construction Safety

Eyewitnesses and Other Sources of Accident Data

2003-08-01 | Ron Prichard

The key to an incident investigation is data. Dr. Ron Prichard discusses the three principle sources needed to conduct a thorough construction accident investigation.

Surety 02

Are Letters of Credit Securing a Surety's Potential Exposure Not as Safe as Once Believed?

2003-08-01 | Marilyn Klinger

Sureties generally prefer LOCs as collateral in case their principals or indemnitors file bankruptcy. Marilyn Klinger examines court cases that ruled otherwise.

Additional Insured Issues

How Does an Extrinsic Contract Impact Additional Insured Coverage?

2003-07-01 | Joseph P Postel

Joe Postel discusses the soundness of recent court decisions from around the nation involving additional insured disputes and contracts between customers and CGL policyholders.

Workplace Violence Prevention

Don't Put Your Employees at Risk—How to Avoid Homicide in the Workplace

2003-07-01 | James N Madero

Each year over 600 workers are murdered while at work. In this new column, Workplace Violence Prevention, Dr. James Madero examines the situation and offers solutions.

Design and Professional Liability

Insurer Uses Contractual Liability Exclusion to Deny Coverage

2003-06-28 | Kent Holland

In American Family Mutual Insurance v Pleasant Company, the court's reasoning completely misconstrues the purpose of the contractual liability exclusion, Kent Holland explains.

Construction Defect Coverage

The Myth of "Third-Party" Property Damage

2003-05-01 | Patrick J Wielinski

Pat Wielinski discusses the varying judicial application of standardized CGL definitions to claims involving defective work, and the coverage myths that have arisen as a result.

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, Kenneth Slavens reveals judicial support for the argument that the risk the design professional assumes by inspection or observation can be limited by contract.

Construction Safety

On the Trail of Truth: Conducting an Accident Investigation

2003-04-01 | Ron Prichard

In this article, Ron Prichard explains the stages of a construction accident investigation, organizing and managing the process, and acquiring needed data.

Surety 02

Subdivision/Improvement Bonds

2003-04-01 | Rolf A Neuschaefer

Also referred to as site improvement, plat, completion, or simply performance bonds, subdivision/improvement bonds help cover the owner/developer. Rolf Neuschaefer explains.

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

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

Surety 02

Can a Surety Enforce the Automatic Stay in the Principal's Bankruptcy?

2003-02-01 | Marilyn Klinger

Where a contract has not been terminated prior to the bankruptcy, a surety has standing to enforce the automatic stay against the owner. Marilyn Klinger discusses the factors that can affect recovery._x000D_

Surety 02

Minimum Insurance Requirements

2003-01-01 | Rolf A Neuschaefer

The principal's financial stability is vitally important to the surety underwriter. Rolf Neuschaefer explains what to look for when risk of loss is transferred to others by contract.

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.

Construction Safety

The Value of Safety

2002-11-01 | Ron Prichard

In a continuing series on construction safety, Ron Prichard discusses why safety deserves placement in an organization as a value, and some of the obstacles to be overcome.

Design and Professional Liability

Design Disclaimers and Implied Warranties

2002-11-01 | Kenneth A Slavens

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

Surety 02

Corporate Execution of Surety Indemnity Agreements

2002-11-01 | Marilyn Klinger

Marilyn Klinger discusses the requisites for corporate execution of surety indemnity agreements which are now back in vogue due to the hard market.

Construction Defect Coverage

Even More on Defective Work as an "Occurrence"

2002-10-01 | Patrick J Wielinski

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.

Construction Safety

The Cost of Safety

2002-10-01 | Ron Prichard

Setting an organization up to track safety costs can be a complicated and time-consuming process. Ron Prichard examines some ways to approach the task.

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.

Surety 02

Exoneration Based on Fraud in the Inducement as a Surety Defense

2002-08-01 | Marilyn Klinger

With new business scandals unfolding daily, improper business conduct is currently in the spotlight. Here, Marilyn Klinger considers a surety's exoneration defense based on fraud or material misrepresentation in the inducement._x000D_

Additional Insured Issues

Is Additional Insured Coverage Becoming Just an Illusion?

2002-07-01 | Joseph P Postel

Joe Postel looks at the recent Illinois Appellate Court decision, National Union v R. Olson Constr., and at the judicial confusion over additional insured endorsements that exclude the additional insured's own negligence.

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

Kenneth 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.

Surety 02

Protecting the Balance Sheet

2002-07-01 | Rolf A Neuschaefer

An uninsured loss drains cash, the lifeblood of any business, and erodes net worth. Rolf Neuschaefer explains what surety underwriters are looking for from their principals in the current market.

Construction Defect Coverage

Potomoc Insurance v Huang

2002-06-01 | Patrick J Wielinski

In this article, 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.

Construction Safety

Debunking the 13 Myths of Construction Safety

2002-05-01 | Ron Prichard

Following the current "wisdom" can create mischief in action. Dr. Ron Prichard takes a look at many items of safety folklore that are masquerading as fact.

Design and Professional Liability

Contract Documents of the Design-Build Institute of America

2002-05-01 | Kent Holland

Kent Holland examines a few of the more significant clauses of the DBIA standard forms affecting risk allocation and potential insurance coverage.

Surety 02

Roles and Responsibilities: a Delicate Balance

2002-04-01 | Rolf A Neuschaefer

In this article, Rolf Neuschaefer explores the roles and responsibilities of the principal or client, the surety, and the agent/broker in procuring corporate surety bonds.

Construction Defect Coverage

Policy Modifications and Endorsements Relating to Liability Insurance Coverage for Mold

2002-03-01 | Patrick J Wielinski

This is an article on policy modifications and endorsements relating to liability insurance coverage for mold.

Surety 02

California Workers Compensation Self-Insured Bonds and the Principal's Bankruptcy

2002-02-01 | Marilyn Klinger

Many states allow employers to self-insure workers compensation as long as the employer supports that self-insurance with a surety bond or other security. Here, Marilyn Klinger discusses California WC self-insured bonds in the context of the employer's bankruptcy.

Additional Insured Issues

Can an Indemnity Agreement Determine Who's Primary and Who's Excess?

2002-01-01 | Joseph P Postel

Joe Postel explains that the answer is simple: not unless the indemnitee has a judgment for indemnity against the indemnitor, citing a recent California Court of Appeal case.

Construction Defect Coverage

Full Circle Regression: the New ISO "Your Work" Endorsements

2002-01-01 | Patrick J Wielinski

In December, ISO issued two new endorsements for contractors' CGL policies eliminating coverage for property damage arising out of their subcontractors' defective work. Pat Wielinski examines the history and explains the problem.

Construction Safety

Site Assessments: Conducting a Site Assessment (Part 3)

2002-01-01 | Ron Prichard

In this, the third of a four-part series, Ron Prichard discusses how to tackle the task of gaining information about a construction site by actually going on-site and determining what those working on-site think of the project and its progress.

Surety 02

Surety Credit Basics

2002-01-01 | Rolf A Neuschaefer

In this article, Rolf Neuschaefer explains how the surety market is changing in light of September 11 and the downfall of Enron, and the essential elements to a good working relationship with your surety, particularly in such uncertain times.

Design and Professional Liability

Architects and "Design and Construct" Liability under the Americans with Disabilities Act

2001-12-08 | Kenneth A Slavens

Another federal court of appeals has weighed in on the applicability of the ADA to design professions. Kenneth Slavens explains how the ADA liability exposure of a building designer depends on where the project is located, until a higher court rules on the issue.

Construction Safety

Initial Assessment Site Assessments (Part 2)

2001-12-01 | Ron Prichard

In this article, Ron Prichard examines the questions that need to be asked during an initial construction site assessment to determine how the site is meeting both safety and development goals.

Design and Professional Liability

Problems with Arbitration in Design-Build

2001-11-17 | Kent Holland

In this article, Kent Holland explains that when arbitration is the main means of dispute resolution under a design-build contract, why it is so important for all parties to a design be subject to a single arbitration action.

Additional Insured Issues

Who Provides the Defense in Construction Defect Suits?

2001-10-01 | Joseph P Postel

Subcontractors' insurers must provide a complete defense to the developer/general contractor, but can they force others to pitch in? Joe Postel examines recent case law.

Surety 02

Bonding Tips and Tactics: Contractor Default Insurance

2001-10-01 | Rolf A Neuschaefer

In this article, Rolf Neuschaefer examines default insurance - a recent development designed as a substitute for the traditional surety performance guarantee and discusses its shortcomings from a surety producer's perspective.

Design and Professional Liability

You Just Stood There? The Design Professional's Responsibility for Job Site Injuries

2001-09-22 | Kenneth A Slavens

What should the design professional do after witnessing unsafe job site practices by the contractor? Ken Slavens explains how different jurisdictions answer that question and what can be done to both prevent injury and protect liability.

Construction Defect Coverage

Glorifying Form over Substance: "Legally Obligated" in the CGL Insuring Agreement

2001-08-01 | Patrick J Wielinski

Insurers may deny claims where a contractor, absent the filing of a lawsuit, repairs property damage caused by an obvious accident. Pat Wielinski discusses the scenarios, issues, case law, and provides practical pointers for avoiding this situation.

Design and Professional Liability

Design-Build Engineer Held Liable for Negligence

2001-07-21 | Kent Holland

A complex court decision holds that a developer is entitled to recover its losses from the design-builder who employed the engineer and constructed the failed projects. J. Kent Holland Jr. explains its significance.

Surety 02

Surety Bond Penalty Waivers in Takeover Situations

2001-07-01 | Marilyn Klinger

Courts recognize that the performance bond surety's limit of liability is the amount stated in its bond. There are a number of courts which have found that a performing surety waives its limited liability under the bond simply by taking over the principal's work. The prudent surety should, if at all possible, insist on an express limitation of liability when it takes over. However, creative arguments exist for the performing surety's liability to be limited to its bond amount, unless the surety expressly waives such limitation in writing.

Surety 02

All Guarantees Are Not Created Equal

2001-07-01 | Rolf A Neuschaefer

In construction, the obvious alternative to the owner/lender assuming the performance risk is to secure some form of guarantee. This article examines some of the alternatives and highlights differences between them.

Construction Defect Coverage

Back to the Exclusions—The "Subcontractor" Exception

2001-05-01 | Patrick J Wielinski

The "your work" exclusion of the CGL policy, together with its "subcontractor" exception, are the source of great contention in construction defect cases. This article looks at the question of whether coverage exists for property damage arising out of work or materials supplied by other than a traditional subcontractor.

Construction Safety

Safety Incentive Programs: A Critical Assessment

2001-04-01 | Ron Prichard

A majority of U.S. businesses use some sort of safety incentive. Nevertheless, the debate continues as to their effectiveness. Learn how such programs are designed, their pros and cons, caveats to implementation, and possible alternatives.

Surety 02

Proactive Surety Claims Handling

2001-04-01 | Marilyn Klinger

In recent years, sureties have begun more proactive claims handling. This article explains how sureties can work with the project owner, prime contractor, bond producer, underwriter, and claims personnel so that all can be in a win-win situation after a claim.

Design and Professional Liability

Negligent Misrepresentation: Chipping Away at the Design Professional's Protection under the Economic Loss Doctrine

2001-03-01 | Kenneth A Slavens

The merits and failings of the economic loss doctrine as applied to the design professions have been continually debated. Learn how relatively recent court opinions have signaled further erosion of the protection that the doctrine provides.

Additional Insured Issues

Where There Is a Right, There Is a Remedy—Except in Illinois

2001-02-01 | Joseph P Postel

In a recent opinion, the Illinois Appellate Court denied pro rata reimbursement to an insurer whose policy afforded additional insured status to a project owner and general contractor This article explains where the court went wrong when it ruled that the doctrine of equitable contribution did not apply because the two policies insured different risks

Construction Defect Coverage

Insurance Coverage for Mold Arising Out of Defective Workmanship

2001-02-01 | Patrick J Wielinski

The proliferation of indoor mold and mildew problems—and resulting lawsuits—have sent many contractors scrambling for coverage under their insurance policies. This article discusses case law surrounding the issue, including whether mold is considered a "pollutant" and whether cleanup is covered under the CGL policy.

Construction Liability Insurance

How Well Does That Blanket Cover You?

2001-02-01 | Ann Hickman

Blanket additional insured endorsements are useful tools for preventing administrative oversights and reducing paperwork, but they also carry risks for both the named and additional insureds. Discover methods contractors and subcontractors can use to minimize the risks of breaching their contracts when using blanket AI endorsements.

Additional Insured Issues

Additional Insureds and Completed Operations

2001-01-01 | W Jeffrey Woodward

Construction contracts require additional insured status that will respond to completed operations claims. Contractors faced with such obligations often attempt to have additional insured endorsements drafted with older language in the belief that this provides the required coverage. This article discusses a recent court decision that should provide reassurance that contractors who do so are complying with the insurance requirements of their contracts.

Design and Professional Liability

Professional Liability: Are Contractors Adequately Protected?

2000-12-01 | Fred Muse

Fred Muse discusses as the lines of responsibility between design firms and contractors merge and contractors are assuming nontraditional risk whether their core insurance coverages are being addressed.

Construction Defect Coverage

More on Defective Work as an Occurrence

2000-11-01 | Patrick J Wielinski

By their nature, defective work claims are often hotly contested. Even relatively simple claims cause confusion, resulting in inconsistent court opinions. This article examines the problem and suggests a comprehensive approach to determining the applicability of coverage to these claims.

Additional Insured Issues

What Does an Additional Insured Endorsement Cover? (Part II Manuscript Endorsements)

2000-10-01 | Joseph P Postel

If your contract doesn't specify what type of additional insured (AI) coverage is required, it is quite possible that a very restrictive manuscript endorsement will be used. If ISO standard (or broader) AI coverage is desired, it should be specified in the contract. Learn about manuscript AI endorsements, their pitfalls, and how courts have interpreted -- and refused to interpret -- them.

Construction Safety

Substance Abuse

2000-10-01 | Ron Prichard

Drug use is a pervasive problem in America, particularly in the construction industry. The economic and human costs are high, and the benefits to be gained through prevention are both tangible and significant. Learn about detection, testing, prevention, and employee assisted programs in this informative article.

Wrap-Up Programs

The Super Wrap-Up Administrator

2000-10-01 | Richard Resnick

The job of the wrap-up administrator is a super-human one. This article breaks down the myriad of wrap-up administrative responsibilities by project phases, explaining what tasks are performed in each.

Design and Professional Liability

AIA Standard Form Is an Acceptable "Allocation of Risk" between "Sophisticated Business Actors"

2000-09-01 | Kenneth A Slavens

The Fourth Circuit court has ruled the accrual provision in AIA 11.3 to be enforceable. The court held that the clause, which determines when the statute of limitations begins to run, is not against public policy.

Construction Safety

Contractor Qualification

2000-08-01 | Ron Prichard

The first step in a sound construction risk management program is the selection of a qualified contractor. This article provides a methodical process of evaluating and comparing contractor qualifications.

Design and Professional Liability

Insurance for Architect- and Engineer-Led Design-Build Projects

2000-08-01 | David H Collings

This article reviews the liability insurance typically purchased by architects and engineers, and examines how well it works in design-build settings.

Additional Insured Issues

What Does an Additional Insured Endorsement Cover?

2000-07-01 | Joseph P Postel

Joseph P. Postel discusses what an additional insured endorsement should cover.

Construction Defect Coverage

Defective Work as an Occurrence

2000-07-01 | Patrick J Wielinski

Despite standardized CGL policy language, courts around the United States have, at best, produced a mixed bag of results in applying the definition of 'occurrence' to faulty workmanship. This article reviews the two most prevalent types of analysis used by the courts, and why they lead to very different coverage interpretations.

Design and Professional Liability

Project-Specific Professional Liability: Who Really Pays for Design Errors?

2000-05-01 | David H Collings

David Collings looks at professional liability arising out of project design and construction management services.

Additional Insured Issues

Planning Around the "Other Insurance" Clause in the Subcontractor's Policy

2000-04-01 | Joseph P Postel

Joe Postel explains how the Illinois Supreme Court decided that when a general contractor's risk transfer plan is thwarted by the subcontractor's other insurance clause, the general contractor can neutralize the subcontractor's other insurance clause simply by making his own liability insurance 'unavailable.'

Construction Defect Coverage

The Changing Landscape of Coverage Disputes over Defective Work Claims

2000-03-01 | Patrick J Wielinski

Patrick Wielinski reviews the move away from using the traditional property damage exclusions as a basis to deny coverage for defective work claims to using the definitions of "occurrence" and "property damage," together with the insuring agreement.

Construction Liability Insurance

PMPL Policy Remains a Mystery for Many Contractors

2000-03-01 | Ann Hickman

Learn about the scope of coverage under the project management protective liability (PMPL) policy and how it compares with the more traditional methods of insuring against liability arising out of construction projects.

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