The 4th Circuit, applying North Carolina law, recently concluded that an insurer had a duty to indemnify a policyholder for issues related to foundation design at a student housing project. Clancy & Theys was a general contractor and joint venture partner with another entity. To insure its liability as a partner or venturer in the … Continue reading Joint Venture Endorsement Covers Design Liability for General Contractor in Virginia (4th Circuit)
http://www.built-environments.com/ Quotes: Recipe for Disaster https://builtenv.wordpress.com/2015/04/06/quotes-recipe-for-disaster/
In the past, South Carolina mechanic’s lien law placed the prime contractor in a position akin to a lightning rod for various debt obligations owed by suppliers and subcontractors. Project subcontractors and suppliers to the GC could only collect on mechanics lien claims to the extent of the unpaid balance owed by the Owner to … Continue reading Notice of Project Commencement
Traditionally, courts have not allowed a claimant to recover damages for emotional distress in actions regarding construction defects. However, more and more courts are beginning to consider these damages if accompanied by extrinsic circumstances. Mississippi is appropriate to examine as Harper Whitwell PLLC is proud to call Oxford home. When a party intentionally conducts itself in … Continue reading Damages for Emotional Distress in Construction Defect Cases?
A "remote" claimant can be defined as one contributing labor or materials to a construction project who does not have a direct contract with the general contractor. This is typically a sub of a sub or a material supplier who sells to a subcontractor. The key is the provider must not be in … Continue reading Notice of Furnishing and Remote Claimants
OSHA has announced a 90 day delay in implementation of Silica regulations. Compliance has been set forward from 6/23 to 9/23.
I have attached some information provided by Consensusdocs which is an excellent resource for contractors bidding on public projects. Link to Consensusdocs Guidelines Please contact Clay Olson if you would like to discuss public bidding and procurement in South Carolina. 843-224-6676 (m0bile) or email firstname.lastname@example.org
Brief Facts: Insurance carrier (Harleysville) insured a Developer which was sued under several names or "d/b/a" identities. Developer was sued for construction defects. Carrier defended the claims on behalf of the Developer under various reservations of rights. General verdicts were returned against the Developer entities for $4,500,000.00 in actual damages and $1,000,000 in punitive damages. Insurance carrier then filed … Continue reading Harleysville Decision Confirms Crossman, cautions insurance carriers
A US District Court Judge recently barred testimony from three witnesses retained by Plaintiffs in the MDL action which seeks a finding that Pella Corp.’s Architect Series and Designer Series are defective. Specifically, Plaintiff's experts are barred from entering testimony suggesting that "leakage paths” allow water to penetrate into vulnerable areas of the windows … Continue reading Pella Window Update in South Carolina MDL
Special thanks for this article from Steven Schreckinger at Anderson Kreiger. Today is an article about coverage for an additional insured in what is a rare situation as the named insured is deemed without fault. http://www.andersonkreiger.com/insurance-law/2017/01/05/does-an-additional-insured-get-coverage-when-the-named-insured-has-done-nothing-wrong/