TARGETED TENDERS

Construction defect cases are occurrence based matters which, in South Carolina, are pre-determined to involve the occurrence of property damage each and every year following a construction project. The “continuous trigger” theory puts the onus on a defense attorney to send notice in the form of a “tender letter” to all insurers affording CGL coverage to an insured for the time on risk. Today we … Continue reading TARGETED TENDERS

The Road to Hell is Paved With Good Intentions: Brad Pitt and the Make It Right Foundation

Brad Pitt is in the news once again. This time, however, Pitt is seeing headlines in architectural and building materials journals as a result of litigation which has spawned from his Make it Right Foundation’s efforts in the Ninth Ward post Hurricane Katrina. Make it Right was recently named in class action allegations made by beneficiaries of a sustainable project hyped as a renewal for … Continue reading The Road to Hell is Paved With Good Intentions: Brad Pitt and the Make It Right Foundation

Duty to Defend Triggered in Florida

Court rules that insurers must treat notice of claim for construction defects as a lawsuit for purposes of duty to defend. A pre suit letter is deemed to be a “suit” or “suit papers” in a policy. The Sapphire Condominium in Fort Lauderdale (Credit: Keller Williams Realty) Florida has issued a controversial and sweeping ruling which will impact insurers in the construction defect arena. “w]here … Continue reading Duty to Defend Triggered in Florida

Before Collapse, Bridge Builders Dismissed Concerns About Cracks | 2018-03-18 | ENR

Each day brings another detail about how what was intended to be a charming, $14-million pedestrian bridge at Florida International University near Miami took only seconds to become a national tragedy. The partly completed structure’s sudden, catastrophic collapse at 1:47 p.m. on March 15 killed five motorists and one project worker. Robert L. Sumwalt, chairman of the National Transportation Safety Board, which is conducting one of … Continue reading Before Collapse, Bridge Builders Dismissed Concerns About Cracks | 2018-03-18 | ENR

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

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

Newman II Decision and SC Construction Defect Law

South Carolina has served as a mystery in its application of Comprehensive General Liability policies within the construction industry. Auto Owners v. Virginia Newman provided the Supreme Court of South Carolina an opportunity to clear up a seminal issue regarding coverage provided to contractors: Does the defective work of a subcontractor constitute an insurable loss within the insuring agreement which binds a General Contractor and its insurer. The much anticipated opinion might have served to further muddy the waters as the court relied on an obscure exclusion within the policy, rather than the much broader “subcontractor exclusion” to rule that coverage for some damages caused by a subcontractor’s work is not covered. Continue reading Newman II Decision and SC Construction Defect Law

South Carolina Construction Defect Law

Clay Olson is an attorney in Charleston South Carolina at Olson & Good, PC. With multiple locations in Charleston County, Mr. Olson serves Olson & Good clients in construction matters including insurance defense, construction defect litigation, mechanics lien, commercial loan modification and foreclosure. Mr. Olson services several industries in collection issues, risk transfer and management of business risks, insurance coverage and policy language. Continue reading South Carolina Construction Defect Law