Insurance Market Leader Ames and Gough report Premium Price Decreases

Although a slim majority of insurance companies providing architects and engineers professional liability insurance saw their rates stabilize in 2016, nearly one in three experienced modest rate decreases, according to a new survey by Ames & Gough. Despite intense competition, insurers are maintaining underwriting discipline and placing greater emphasis on claims experience. This year, 95 percent of the insurers surveyed identified recent claims experience as … Continue reading Insurance Market Leader Ames and Gough report Premium Price Decreases

Consensusdocs and Public Projects

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 clay@harperwhitwell.com   Continue reading Consensusdocs and Public Projects

South Carolina and Strict Liability 

In light of last week’s discussion regarding Hernandezcueva v. E.F. Brady, I thought it fitting to clarify current SC precedent on the issue of strict liability and contracts for services. A link to that article is here. In South Carolina, strict liability applies only to sales of products and not to the provision of services. Fields v. J. Haynes Waters Builders, 376 S.C. 545, 658 … Continue reading South Carolina and Strict Liability 

OSHA and Silica Regulations Close to Finality

The the Occupational Safety and Health Administration (OSHA) has finally sent its comprehensive rule governing worker exposure to silica dust to the White House Office of Management and Budget (OMB) for final review. A proposed rule until now, the silica guidelines’ pending approval by OSHA will make them law. Silicosis is the lung disease the rule is trying to curtail. While neither I or anyone … Continue reading OSHA and Silica Regulations Close to Finality

Construction Manager entitled to Additional Insured Status

A recent decision in New York has held that a construction manager was entitled to additional insured treatment under a general contractor’s CGL policy.  Turner Constr. Co. v. Navigators Ins. Co., 2015 N.Y. Misc. LEXIS 2704 (N.Y. Sup. Ct. July 23, 2015). The Construction Manager (“Turner”)    was hired to “provide pre-construction services and construction management services for the Project.”   The owner hired two … Continue reading Construction Manager entitled to Additional Insured Status

Owners and Contractors Protective Liability Coverage Form

I intend to devote several upcoming posts on Owner Controlled Insurance Policies (“OCIP”) or “WRAP” coverage due to its continued emergence in the construction, insurance, and legal industries.  In an effort not to confuse, this article deals (“OCP”), which is an acronym for Owners and Contractors Protective Liability insurance coverage.  Coverage for Operations of Designated Contractors (CG 00 09 12 07) is,  as suggested by … Continue reading Owners and Contractors Protective Liability Coverage Form

An LLC does not shield active members from liability in South Carolina Construction Defect ruling

In this case of first impression arising from a general contractor’s liability for construction defects, the Court held that a member of a limited liability company (LLC) can be held personally liable for negligent acts committed while working for the LLC of which he was a member. The Court stated that, based upon the General Assembly’s intent, the Uniform Limited Liability Act does not shield … Continue reading An LLC does not shield active members from liability in South Carolina Construction Defect ruling

The Scope of Additional Insured Coverage and Duties of an Indemnifying Subcontractor in Construction Project

The concept known as an “additional insured” refers to a person or organization that enjoys the benefits of being insured under an insurance policy, in addition to whoever originally purchased the insurance policy. Typical language within insurance policies seeks to limit the subject matter that can be “additionally insured.” Continue reading The Scope of Additional Insured Coverage and Duties of an Indemnifying Subcontractor in Construction Project

Lender Liability for Construction Defects after the Sale of a Bank Owned, Foreclosed Property.

Distressed assets are certainly not uncommon to lending institutions during this turbulent economic climate. Lenders are in a very precarious position when selling “new” homes that have become bank owned assets after the foreclosing bank takes title to new homes built by defaulting contractors. At the South Carolina Construction Defect Blog we are going to examine lender liability in light of South Carolina’s Warranty of … Continue reading Lender Liability for Construction Defects after the Sale of a Bank Owned, Foreclosed Property.

Developers: Be Wary When Selecting Design Professionals (4th Circuit Decision Ruling that Developer’s Right to Indemnity Preempted by Federal Statute)

Equal Rights Center, et al. and Archstone Multi-Family Series I Trust v. Niles Bolton Associates, et al, No. 09-1453 http://pacer.ca4.uscourts.gov/opinion.pdf/091453.P.pdf The Fourth Circuit Court of Appeals found that a Developer/Owner’s cross-claim for indemnity is preempted by federal statutory language, therefore disallowing a developer to recoup damages asserted against the architect on the Project. The statutes at issue in this case are the Fair Housing Act … Continue reading Developers: Be Wary When Selecting Design Professionals (4th Circuit Decision Ruling that Developer’s Right to Indemnity Preempted by Federal Statute)