News & Analysis as of

Liability Insurance Contractors

Vinson & Elkins LLP

Avoiding Investor Pitfalls in Complex Construction Financing Arrangements

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The frontier for construction project investment continues to grow – not just geographically and technologically – but also structurally, in the legal sense. Both equity and debt investors can employ a variety of complex...more

Sherman & Howard L.L.C.

Proposed Construction Industry Insurance Regulations Could Require Substantial Insurance Disclosures to Certain Residential...

The Colorado General Assembly’s 2024 legislative session is well underway, and this year’s session includes a bill that could impose substantial insurance disclosure requirements on owners or developers selling residential...more

Schwabe, Williamson & Wyatt PC

Experts Offer Advice for Builders Looking Across the State Border

Portland’s proximity to Vancouver, Washington, creates opportunities as well as challenges for contractors. Panelists discussed those during a virtual Builder Breakfast event hosted by the Daily Journal of Commerce on...more

Rivkin Radler LLP

Can You Be Sued if a Worker is Injured on Your Property?

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It is important to note that if a contractor or worker gets injured on your job, you may be held legally responsible. Springtime not only brings warmer weather, luscious greenery, and colorful flowers to Long Island, but...more

Bradley Arant Boult Cummings LLP

What happens when a “your work” exclusion collides with a “product completed operations” clause in a CGL policy?

A CGL policy typically defines “your work” as the work performed by or on behalf of the insured and the materials, parts, or equipment furnished in connection with such work. “Product-completed operations” coverage usually...more

Bradley Arant Boult Cummings LLP

Policy Clauses, Exclusions and Endorsements: Language Matters

The Ninth Circuit Court of Appeals just reminded policyholders that while coverage exclusions are to be read narrowly, they must also be read comprehensively. In Engineered Structures, Inc. v. Travelers Property Casualty...more

Snell & Wilmer

Arizona Supreme Court Confirms a Prevailing Homeowner Can Recover Fees on Implied Warranty Claims

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On August 9th, in Sirrah Enterprises, L.L.C. v. Wunderlich, the Arizona Supreme Court settled the question about recovery of attorneys’ fees after prevailing on implied warranty claims against a residential contractor. The...more

Carlton Fields

Fifth Circuit Finds Erosion in Texas—Because Endorsements Are Transformative

Carlton Fields on

In Amerisure Mut. Ins. Co. v. Arch Specialty Ins Co., No. 14-20239 (5th Cir. April 21, 2015), a case that applied Texas law, the U.S. Court of Appeals for the Fifth Circuit recently held that the word “expenses,” as used in a...more

Baker Donelson

Eleventh Circuit Case Delivers Big Win for Contractors Seeking Insurance Coverage

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The U.S. Court of Appeals for the Eleventh Circuit has issued an important opinion that is good for contractors making claims on general liability policies, and not so good for the insurers issuing those...more

Snell & Wilmer

Construction Bonds and Subguard Insurance

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In virtually all public projects (and in many private projects), the owner requires the general contractor to post a performance bond and a payment bond. Recently, in some cases, general contractors have obtained...more

JAMS

Construction Defect Disputes and the Abandoned Policyholder: Getting the Carrier to the Table

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There is much that can go wrong in any large construction project: improper installations, defective products, errors and omissions made by designers, unexpected site conditions—the list is long. Insurance coverage or a...more

Spilman Thomas & Battle, PLLC

Indemnification Agreements and Insured Contracts: Why Your Business or Insurer Might Owe a Defense and Indemnity

The purpose of this article is to address potential issues and concerns that may arise between General Contractors (“GC”), Subcontractors (the “Sub”) and their insurers when claims by outside parties (also known as...more

Porter Hedges LLP

Texas Supreme Court Issues Ewing Opinion

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On Friday, January 17, 2014, the Texas Supreme Court issued the long awaited and much anticipated Ewing Construction v. Amerisure Insurance opinion. You may have heard that the ruling was a big victory for contractors, but...more

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