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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

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

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. Rolf Neuschaefer examines some of the alternatives and highlights differences between them.

Surety

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. Rolf Neuschaefer 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

Explore the intricacies of the "your work" exclusion and its "subcontractor" exception within CGL policies, and understand their impact on construction defect cases.

Construction Defect Coverage

Back to the Exclusions—The "Subcontractor" Exception

2001-05-01 | Patrick J Wielinski

Explore the intricacies of the "your work" exclusion and its "subcontractor" exception within CGL policies, and understand their impact on construction defect cases.

Construction Safety

Safety Incentive Programs: A Critical Assessment

2001-04-01 | Ron Prichard

A majority of US 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

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.

Construction Safety

Safety Incentive Programs: A Critical Assessment

2001-04-01 | Ron Prichard

A majority of US 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.

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