Levelset

OCTOBER 13, 2022

To help your business remain viable, contractor’s insurance should be a crucial part of your financial strategy. Insurance also puts other parties’ minds at ease when they want to hire you as a specialty contractor. A certificate of insurance (COI) is a valid form used to prove that you carry the appropriate insurance policy.

Insurance 52

Insurance Certification Contractors Liability 52

Levelset

APRIL 15, 2022

When a property owner files an insurance claim to cover a restoration or roofing project, the owner typically deals directly with the insurance company. They may not have the funds available to pay the contractor out of pocket, so they’re counting on that insurance check to cover the construction costs.

Insurance 52

Insurance Contractors Lien Claims 52

Construction Marketing

MARCH 2, 2023

Help with negotiations This can be difficult, as insurance companies are often reluctant to pay large settlements. An experienced attorney will know how to negotiate with insurance companies and fight for the best possible settlement for you. Not getting a written fee agreement from the lawyer you hire.

Injury 251

Injury Site Defense Compensation 251

Best Practices Construction Law

FEBRUARY 21, 2018

Reading and understanding an insurance policy on a construction project can be a lot like understanding my kids playing Speak Out. Proper insurance coverage is an important risk management tool for contractors, subcontractors, project owners/developers and design professionals. Nautilus Insurance Co. ,

Insurance 54

Insurance Subcontracting Injury Construction 54

Construction Marketing

JULY 11, 2022

If the principal’s bond application is approved, the surety company will require the principal to sign an indemnity agreement before it will issue the bond. The indemnity agreement provides that the principal will hold the surety harmless if a claim is filed against the bond. Are Surety Bonds Insurance?

Contractors 156

Contractors Legal Bidding Contract 156

NH Construction Law

NOVEMBER 30, 2020

Because venue provisions can be waived, courts allow Miller Act claims to be litigated in a different court selected by the parties’ contract. The Federal Arbitration Act instructs federal courts to enforce arbitration agreements according to their terms. Industrial Lumber Co. , Enterprises, Inc. , 3d 35, 36 (1st Cir. 873 F.Supp.2d

Claims 40

Claims Subcontracting United States Contract 40

Construction Law

JULY 1, 2024

News Our regular news round up includes a landmark Supreme Court judgment that will affect many major infrastructure projects; transparency concerns over the burgeoning use of framework agreements; and a council victory in a judicial review involving a private finance initiative roads project.

Drafting 52

Drafting Insurance Construction Contract 52

NH Construction Law

JULY 26, 2020

“May unintentionally faulty subcontractor work that damages an insured’s work product constitute an ‘accident’ under a commercial general liability insurance policy?” When the subcontractor installed the expansion joints in the steam boiler and related piping backwards, the heating system got damaged.

Insurance 40

Insurance Liability Accidents Michigan 40

Best Practices Construction Law

FEBRUARY 25, 2014

Well, in a recent construction dispute in Maryland, “the Man” was the owner’s insurance company. Accordingly, the joint venture could not claim reimbursement under the policies. The contract required Gaylor to purchase and maintain an Owner Controlled Insurance Program (“OCIP”). The Insurance Claim.

Insurance 59

Insurance Maryland Claims Construction 59

Construction Dive

FEBRUARY 12, 2014

By Bruce Jervis Commercial general liability (CGL) insurance policies have been the source of much controversy in the construction industry. The policies insure against personal injury or property damage caused by an occurrence during the contractor’s performance of the work. Insurers certainly don’t intend them to.

Insurance 58

Insurance Contractors Liability Injury 58

NH Construction Law

AUGUST 31, 2023

Subrogation – the right of an insurer, upon paying an injured party’s damages arising out of a negligence claim, to chase the negligent party for reimbursement – is a staple of the law. And the insurer will have no say in the matter. Notice that this clause expressly addresses only property insurance.

Insurance 40

Insurance Liability Claims AIA 40

Mr Ethics

AUGUST 24, 2016

If you are performing services on a project and the code requires you to admit to any errors or work defects performed by you; you could run afoul of your professional liability insurance policy. Insurance carriers want to know where claims may come from before you admit to any liability. Regards, Mr. Ethics.

Liability 100

Liability Insurance Agreement Claims 100

Mr Ethics

AUGUST 24, 2016

If you are performing services on a project and the code requires you to admit to any errors or work defects performed by you; you could run afoul of your professional liability insurance policy. Insurance carriers want to know where claims may come from before you admit to any liability. Regards, Mr. Ethics.

Liability 100

Liability Insurance Agreement Claims 100

Mr Ethics

AUGUST 24, 2016

If you are performing services on a project and the code requires you to admit to any errors or work defects performed by you; you could run afoul of your professional liability insurance policy. Insurance carriers want to know where claims may come from before you admit to any liability. Regards, Mr. Ethics.

Liability 100

Liability Insurance Agreement Claims 100

Constructlaw

FEBRUARY 7, 2023

Fire broke out, resulting in a loss that was paid by the owner’s builder’s risk insurance. The contractor and subcontractors moved for summary judgment, asserting that the carriers’ claims were barred by the mutual waiver of subrogation contained in the prime contract.

Louisiana 52

Louisiana AIA Insurance Contract 52

Construction Law Monitor

AUGUST 9, 2011

Liberty Mutual Insurance Company (“Sloan”), the US Court of Appeals for the Third Circuit has an in depth discussion regarding some technical yet very important clauses found within many construction contracts between general contractor, subcontractors, owner and the surety. Liquidating Agreement. Sloan pg 17. See Carl A.

Agreement 57

Agreement Contract Insurance Construction 57

Levelset

SEPTEMBER 12, 2022

” You may already have an insurance policy that offers coverage for business property and general liability. An installation floater is a form of insurance coverage that protects the value of building materials that will become a permanent part of a commercial or residential structure. Who needs installation floater insurance?

Insurance 52

Insurance Liability Risk Materials 52

Construction and Infrastructure Law

JANUARY 9, 2020

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. Indemnification clauses are arguably the most important part of an agreement when an accident or dispute arises on a project. Code § 2782; N.Y.

Liability 90

Liability Agreement Drafting Insurance 90

Levelset

MAY 16, 2022

The Act establishes a registration program for home improvement contractors, along with required contract provisions, minimum insurance coverage, and more. The contract should constitute the entire agreement between the parties, including attached copies of any required notices. Insurance coverage. Notice of right of rescission.

Pennsylvania 98

Pennsylvania Residential Contractors Contract 98

Construction and Infrastructure Law

JANUARY 9, 2020

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. Indemnification clauses are arguably the most important part of an agreement when an accident or dispute arises on a project. Code § 2782; N.Y.

Liability 52

Liability Agreement Drafting Insurance 52

Green Building Law Update

DECEMBER 3, 2017

There are a panoply of federal laws within discreet silos, including significantly: The Health Insurance Portability and Accountability Act (HIPAA), The Family Educational Rights and Privacy Act (FERPA), the Fair and Accurate Credit Transaction Act (FACTA), and the like. A claim pending against a major U.S.

Green 120

Green Risk Claims Drafting 120

Levelset

JULY 21, 2022

A contractor bond is a three-party agreement. In the event of a valid claim against the license bond, the principal must reimburse the surety company for any payouts. The surety company is responsible for requesting reimbursement from the contractor after a claim payout has been made on the contractor’s behalf.

Contractors 52

Contractors Claims Oregon Residential 52

Levelset

OCTOBER 19, 2022

Cost-plus agreements raise the chance of default. These agreements are lawful, but may be detrimental to a lender’s bottom line. Under a cost-plus agreement, there is little control over spending during construction. This can drag out the schedule and delay payments, which increases the risk of a mechanics lien claim.

Contractors 98

Contractors Lien Finance Construction 98

Fieldwire

AUGUST 14, 2023

It is governed by the contract, which means it’s part of the agreement between two parties. If they let the filing deadline lapse without filing a lien claim, lien rights may be lost forever. Contractors often have to decide whether to file a lien or hope that their hiring party follows through on their agreement.

Contractors 98

Contractors Cash Flow Lien Negotiation 98

Constructlaw

DECEMBER 7, 2020

Reynolds: The COVID-19 pandemic’s impact on the global economy has led to an increase in breach of contract claims, and a parallel rise in novel breach of con­tract defenses focused on excuses for non-performance. According to another, in the United States, there are pre­sently more than 1,250 pandemic insurance litigations.

Claims 40

Claims Insurance Bankruptcy Legal 40

Construction Lawyer

APRIL 3, 2012

You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Federal Court dismisses subs claim against GC because of arbitration provision. Liquidation Agreement did not supercede agreement to arbitrate. If the net recovery on the claims were to exceed $4.3

Claims 40

Claims Agreement Illinois Subcontracting 40

NH Construction Law

JANUARY 12, 2020

A clear and unmistakable delegation clause is enforceable even where a party sues on a claim that is obviously not within the scope of what was agreed to be arbitrable; the opposing party can still invoke the delegation clause to insist that the arbitrator, not the court, decide its arbitrability. Hoyle, Tanner & Associates, Inc.

Claims 40

Claims Contract Agreement New York 40

Constructlaw

SEPTEMBER 10, 2020

It is easier to be successful in your claim if it is well-documented. You must understand what you can and cannot recover under your contract, and make sure you document your claims well and make all timely submissions. Due to the difficulty of meeting in person, we have seen many more disputes initially handled on paper submissions.

Industrial 52

Industrial Union Contract Claims 52

Levelset

JUNE 13, 2022

The first of these additional requirements pertains to disclosures of insurance coverage. If the roofing contractor has employees, then they must carry worker’s compensation insurance covering all employees. Law §395-A. What needs to be included in a NY home improvement contract?

New York 52

New York Contract Residential Contractors 52

Construction Law

JANUARY 31, 2020

Society of Construction Law members can now have a unique 10% multi-year discount on subscriptions to the print version of Construction Law following an agreement between publishers Barrett Byrd Associates and the SCL. To subscribe and claim your 10% discount click here.

Agreement 40

Agreement Insurance Contract Procurement 40

NH Construction Law

JULY 22, 2023

In Amerisure Insurance Co. Selective Insurance Group, Inc. ” The State paid the general contractor per square yard of finished concrete surface excluding curbs, but the Supreme Court held that this wasn’t binding with respect to the subcontractor’s claim against the general contractor, id. Case Atlantic Co. ,

Subcontracting 40

Subcontracting Contract Contractors New Hampshire 40

Construction Lawyer

FEBRUARY 28, 2014

The owner and the general contractor filed cross-claims against SJ for indemnification. There was an indemnification provision in the contractor/subcontractor agreement that read as follows: A. Further, it is by no means certain that there will be insurance coverage for the architect or contractor who enters into such an agreement.

Contract 40

Contract Contractors Insurance Accidents 40

Construction Law Monitor

OCTOBER 19, 2011

Simply put, surety bonds are a three-party agreement, which consists of an obligee, principal and surety company. If the principal should default on the agreement in anyway, the surety agency is responsible for payment of financial damages. Surety bonds are another form of insurance.

Insurance 51

Insurance Compensation Claims Agreement 51

Constructlaw

JULY 13, 2021

This is critically important in cases where the arbitration agreement selects the AAA without designating which of the various AAA arbitration rules the parties intended to apply (eg, the Commercial Arbitration Rules, Construction Arbitration Rules).

Construction 52

Construction Agreement Claims US 52

Construction and Infrastructure Law

FEBRUARY 6, 2018

AB 1701 “does not prohibit a direct contractor or subcontractor at any tier from establishing by contract or enforcing any otherwise lawful remedies against a subcontractor it hires for liability created…” Accordingly, direct contractors across California should take a closer look at the terms of their agreements with subcontractors.

California 49

California Contractors Liability Employment 49

Autodesk Construction Cloud

JUNE 3, 2022

Certificates of insurance. 1: Construction Agreement. A construction agreement is a document that goes over the scope of work that is to be done on a construction project. Insurance . Claims processing. The basic agreement has to be signed before any work can begin. . Architectural drawings. Work orders.

Documentation 98

Documentation Construction Schedule Permits 98

Construction Lawyer

AUGUST 28, 2013

This law, Public Act 098-0548, codified at 735 ILCS 5/2-2301, applies to “personal injury, property damage, wrongful death, or tort action involving a claim for money damages.” Many construction cases involve either personal injury or property damage claims. insurance litigation news'

Illinois 40

Illinois Lien Claims Insurance 40