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Design and Professional Liability

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

2003-03-01 | Kent Holland

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

Surety

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.

Surety

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.

Surety

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

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Surety

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

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

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.

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