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Risk
Management, Insurance, Injury and Damage Claims
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Application of Wrong Kind of Paint Held to Be Insured Property Damage Under CGL Policy
March 8, 2010
Bad Smell Can Constitute Property Damage under CGL Policy; Claim Triggered Insurer’s Duty to Defend
February 8, 2010
How the Economic Loss Rule Interrelates with Insurance – and Coverage Can Be Obtained
December 21, 2009
County Failed to Obtain Builder’s Risk Insurance as Promised, Held Liable for Damage to Contractor’s Work
December 7, 2009
Design Risk for Contractors and CMs: How Insurance Addresses the Exposure
November 30, 2009
Declaration of Default Not Required to Trigger Surety’s Liability on Performance Bond, Court Holds
November 16, 2009
Key Construction Insurance Issues – How 3 Form Contracts Address Them
November 9, 2009
Insurer Bound by Results of Insured’s Trial or Finding that Settlement Was Reasonable, Washington Supreme Court Holds
November 9, 2009
Court Distinguishes Duty to Defend from Duty to Indemnify, Requires Non-Negligent Supplier to Pay for Defense
October 19, 2009
Illinois Construction Cases Illustrate Gaps Between Insurance Coverage and Contractual Liability for Injury, Damage
September 21, 2009
Insurer that Refused to Defend Barred from Intervening After Additional Insured Stipulates to $29 Million Judgment
September 14, 2009
Chinese Drywall and Homebuilders: How to Reduce Exposure and Recover Costs
August 31, 2009
Insurer that Delayed in Disputing Coverage Estopped from Asserting Defenses Against Assignee of Policy
August 3, 2009
Wrap-Up Insurance Policies: How Claims Can Raise Issues of Subrogation, Third Party Liability, Other Insurance
July 20, 2009
CGL Policy Covers Pollution Liability Arising from Indivisible Covered and Non-Covered Events, California Supreme Court Holds
July 6, 2009
Economic Loss Rule Shields Design Professionals from Negligence Claims on Commercial Projects, Nevada Supreme Court Holds
June 29, 2009
Why Commercial General Liability Insurance Covers General Contractors Against Construction Defect Claims
June 1, 2009
New California Laws Forbid Broad Type I Indemnity Obligations and Require Sharing More Information About Wrap-Up Policies
May 25, 2009
Broker Held Liable for Failing to Obtain Insurance for Sub Under Wrap-Up Policy
May 4, 2009
How Insurance, Contracts Can Protect General Contractors from Liability Caused by Subs
April 6, 2009
How to Maximize Insurance Coverage for Mold Damage
March 2, 2009
Concealment in Applying for Insurance: Overview of Insurer's Rights and Insured's Responsibilities
February 16, 2009
Courts in 3 States Decide Impact of Anti-Indemnity Statutes on Liability Limitation Clauses
January 26, 2009
Nailing Down Fundamental Insurance Coverage Issues in Builder's Risk Policies
January 19, 2009
More State Supreme Courts Join Majority Holding that CGL Insurance Covers Damage to Contractor's Work Caused by Subs
December 22, 2008
Contractor's Employee Intentionally Demolished Part of House, but Damage Is Covered by Insurance
October 13, 2008
Florida Developer Allowed to Sue for Bad Faith; Surety Failed to Obtain Independent Investigation
September 22, 2008
Florida, South Carolina Supreme Courts Hold that Contractors' CGL Policies Cover Damages Arising from Subs' Defective Work
July 14, 2008
AIA Issues Stopgap Amendment to Its A312 Payment Bond After Complaints by Sureties
June 16, 2008
$2 Million in Punitive Damages Assessed Against Insurer for Mishandling Subcontractor's Claim
April 28, 2008
Surety Can Recover from Principal for Reasonable, Good Faith Payment Even Though Claim Was Not Covered by Bond
April 14, 2008
Standard CGL Policies Provide Coverage for Sub's Construction Defects, Florida Supreme Court Holds
February 11, 2008
Court Decisions Prompt Sureties to Require Modifications to A312 Payment Bonds
February 4, 2008
CGL Policy Covers Damage Caused by Defective Construction, Federal Court Holds
January 21, 2008
Insurer Must Defend Additional Insured Before Finding of Liability, N.Y.'s Highest Court Rules
October 15, 2007
Surety Does Not Have Special Relationship with Its Principal or Owe a Fiduciary Duty; Tort Claim Rejected
February 12, 2007
Court Finds that Owner on EPC Project Can Recover from Equipment Supplier as Third Party Beneficiary
November 6, 2006
New Hampshire Supreme Court Spells Out Limits on Surety's Indemnity Rights Against Contractor
October 23, 2006
Subcontractor Default Insurance: An Overview of How It Works and a Comparison to Performance Bonds
May 22, 2006
Sureties in Two Cases Escape Liability on Grounds that Clear, Unequivocal Default Notices Were Not Given
May 8, 2006
New Law Restricts Scope of Indemnity Clauses in Subcontracts for Residential Construction in California
April 3, 2006
Surety Can Recover from City that Paid Out Disputed Contract Sums to General Contractor Without Surety's Consent
February 13, 2006
Your Additional Insured Endorsements: How Coverage May Be Narrowing
October 17, 2005
Recent California Decision Erodes Certainty of 10-Year Statute of Repose Against Construction Defect Claims
July 25, 2005
Owners Prevail on Claims Arising from Construction Injuries
July 4, 2005
Contractor's All Risks Policies: An Additional Source of Revenue on Construction Projects
June 27, 2005
Contractor Not Required to Indemnify Surety for Bad Faith Settlement with Subcontractor
May 9, 2005
The Current Status of Construction Defects Law in California – An Overview
March 7, 2005
New Twist Put on the Incorporation Doctrine of Insured Property Damage by Recent Court Decision
November 15, 2004
Food Contamination Claims Resulting from Construction Defects Barred by Illinois' Economic Loss Rule
September 6, 2004
Courts Cannot Rewrite Collapse Provisions in Insurance Policy to Serve Notions of Public Policy
July 26, 2004
Worker's Compensation Policy Issued to California Leasing Company Covered Contractor that Leased Employees
July 5, 2004
California Courts Clarify When Statutes of Limitations for Construction Defects Can Be Tolled
June 28, 2004
Your ‘Additional Insured’ Status: What Does It Really Get You?
May 24, 2004
Oregon Court Voids Subcontract's Insurance Provision Because It Would Cover General Contractor's Own Negligence
April 26, 2004
Be Careful What You Wish For, Part II: Think Carefully Before Tendering Claims to Carrier
October 6, 2003
Homeowner Who Hired Unlicensed Contractor Shielded from OSHA, California Supreme Court Rules
August 18, 2003
Owner Controlled Insurance Programs: Why Owners Like Them and Why Contractors May Not
July 14, 2003
Setoff Defense May Trigger CGL Coverage, California Supreme Court Rules
July 7, 2003
SB 800's Nasty Surprise: An Expanded 10-Year Warranty for Construction Defects
June 9, 2003
SB 800: A Poorly Drafted Law Leaves Many Transition Issues to Be Litigated
April 28, 2003
Be Careful What You Wish For: The Insurer's Right to Settle Your Case Without Your Consent
April 14, 2003
The New Federal Insurance Program for Terrorist Acts: How It Works and the Open Issues
February 17, 2003
New California Legislation and Regulations Affecting the Construction Industry
February 3, 2003
Faultless Subcontractor Had No Obligation to Insure, Indemnify Contractor Against Claim for Injuries
January 13, 2003
California Supreme Court Imposes Strict Liability on Defective Components Installed in Tract Homes
December 16, 2002
Insured 'Property Damage' Can Arise from Contract or Tort Duties
December 9, 2002
An Overview on Mold – The Latest Challenge to the Construction Industry
December 2, 2002
South Dakota Owner's Release of Subcontractor from Construction Defects Also Releases Prime Contractor
November 4, 2002
New Standards, Procedures, Defenses Enacted for Housing Construction Defect Disputes in California
October 28, 2002
How to Manage the Corporate Governance Risks of Large, Privately Held Corporations
October 7, 2002
U.S., Hawaii Can Enforce Surety's Undertaking That Subcontractor Would Pay Taxes
September 30, 2002
Arkansas Contractor's Diversion of Progress Payment Is Breach of Fiduciary Duty to Surety, Precluding Discharge of Debt in Bankruptcy
September 23, 2002
Iowa Subcontractor Is Required to Indemnify General Contractor in Suit by Sub's Injured Employee
August 19, 2002
West Virginia, Missouri Design Professionals Face Liability for Economic Losses Even Without Contracts
July 29, 2002
Homeowner Who Hired Unlicensed Contractor Held Liable in West Virginia
July 22, 2002
Required Dispute Resolution Is Expanded for Construction Defect Suits by California Homeowners Associations
July 8, 2002
California's 10-Year Statute of Repose Extended When Contractor Attempts Repairs
June 17, 2002
Excavator Is Liable for Damaging Unmarked Buried Pipe Even After Owner Denies Ownership
June 10, 2002
OSHA Issues New Plan for Reducing Ergonomic Injuries
May 6, 2002
California Decision Further Limits Potential Liability for Construction Defects
April 15, 2002
ENGINEER'S VIEW: How Lack of Contract Shields Engineer From Liability to Construction Manager
January 28, 2002
Double Punitive Damages Assessed Against Surety for Failure to Pay Bond Claim
December 17, 2001
Washington Supreme Court Rejects Constitutional Attacks on Statute of Repose for Claims Arising from Construction Projects
November 26, 2001
California Supreme Court Rejects Claim of Negligent Hiring Against Owner by Survivors of Deceased Employee of Contractor
November 12, 2001
Surviving Your First American Construction Project – An Interactive Overview
October 22, 2001
Homeowner May Recover in Strict Liability for Damages to House and Property Caused by Defect in Foundation
October 1, 2001
Important Construction Insurance Coverage Issues Addressed in Two Recent California Decisions
September 10, 2001
Construction Manager Has No Duty to Protect Architect Against Economic Loss
May 14, 2001
Surety Is Responsible for Penalties for Contractor's Overtime and Prevailing Wage Violations
April 30, 2001
How to Avoid Being Sued by Your Insurer for Reimbursement of Defense Costs
April 9, 2001
General Contractor Shielded from Liability for Jobsite Injury to Subcontractor's Employee
March 19, 2001
Flood Claim Cannot Be Resolved by Ordinary Principles of Negligence
March 19, 2001
Surety Cannot Assert a Bad Faith Claim Against Liability Insurer
February 26, 2001
Colorado Supreme Court Holds Economic Loss Rule Bars Recovery in Negligence When Damages Arise from Breach of a Contract
January 29, 2001
New California Laws Affecting Contractors, Architects, Engineers – Summarized
January 8, 2001
California Supreme Court Bars Recovery for Economic Losses in the Absence of Physical Damage from Construction Defects
December 18, 2000
Multiple Insurers Are Treated as One in Determining Rates Paid to Independent Counsel
December 18, 2000
Trade Association Held Liable for Injury Related to Industry Standards It Issued
November 13, 2000
THE GROVE REPORT: Key Terms of 12 Leading Construction Contracts Are Compared and Evaluated for Hong Kong Study
November 6, 2000
Owner's Settlement with Contractor Precludes Recovery from Surety
October 30, 2000
Insurer's Bad Faith Failure to Defend Results in Liability for All Damages to Insured But Not to Third Party Beneficiary
October 30, 2000
Contractor, Surety Denied Protection of Pay When Paid Clause
October 23, 2000
Surety Exonerated When General Contractor Enters into Settlement Agreement Without Surety's Consent
October 9, 2000
Subsequent Owner Cannot Sue for Leaks that Were Manifest During Tenure of Prior Owners
September 11, 2000
Federal Court Denies Insurance Coverage to Building Owner Explicitly Named as an Additional Insured on Contractor's Certificate of Insurance
August 28, 2000
Are Your Construction Contract Indemnity Clauses Faulty?
August 21, 2000
New York Appeals Court Departs from Economic Loss Rule in Business Disruption Case
August 7, 2000
Insurer That Issued Additional Insured Endorsements Must Make an Equitable Contribution to Cost of Defense
July 31, 2000
Subcontractor Must Indemnify General Even When Sub Was Not Negligent
July 3, 2000
Insurance Coverage for Defective Construction Denied in Oregon
June 12, 2000
Economic Loss Rule Applies to Nevada Construction Defect Cases
June 5, 2000
Construction Risk Management Update
November 5, 1999
California Court Places Further Limitation on Construction Worker Claims
May 1, 1999
Contractor Fault Not Always a Prerequisite to Triggering Indemnity and Additional Insured Provisions
June 18, 1997
Armstrong Decision Clarifies Allocation of Coverage Issues for Progressive Damage Claims
October 4, 1996
The Interaction Between Indemnity Provisions and Liability Insurance Is an Important Aspect of Risk Management in the Construction Industry
May 3, 1996
Is The New Modified Occurrence CGL Policy Worth the Risk?
August 15, 1995
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