I often speak with prime contractors and owners who assure me that they require subcontractors to name them as additional insureds. This is the correct line of thinking as additional insured treatment is one of the key principals to adequately transfer the risk of construction defects or non property injury. The devil, as they say, … Continue reading Ongoing Operations and Completed Operations Coverage
Generally, a contractor can not be liable for installing a defective product which was unknown to be problematic, so long as there is no alteration of the product.
No Damage for Delay
In March, President Trump signed a joint resolution eliminating the rule, which had required bidders on federal projects with a value in excess of $500K to report state and federal labor and safety violations within the past three years. The Blacklisting rule, also known as the Fair Pay and Safe Workplaces Executive Order 13673, only … Continue reading Trump Order on Blacklisting
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?
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