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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

Surety Credit Basics

2002-01-01 | Rolf A Neuschaefer

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.

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.

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. Ken 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

Bonding Tips and Tactics: Contractor Default Insurance

2001-10-01 | Rolf A Neuschaefer

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.

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