Legal Terms Explained – Building liability orders
Construction Law
NOVEMBER 4, 2024
Building Liability Orders (BLOs) were introduced by s.130
Claims Legal Liability 
General Liability vs. Professional Liability: What’s the Difference?
Levelset
SEPTEMBER 8, 2022
When it comes to protecting your contracting business from claims and lawsuits, it can be tough to know what type of insurance you should purchase. Liability insurance protects your business against claims for damages caused by you and your workers, if you have any. General liability insurance.
Liability 
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Construction Liability Issues: Common Risks and How to Mitigate Them
Building Radar
AUGUST 22, 2024
From safety hazards to contractual disputes, the industry faces numerous liability issues that can lead to costly legal battles, project delays, and financial losses. In this article, we’ll explore some of the most common construction liability issues and provide strategies to address them effectively.
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Professional Liability Insurance Explained
Levelset
SEPTEMBER 7, 2022
Professional liability insurance provides contractors coverage from financial losses that happen as a result of their errors, mistakes, or negligence. In that case, professional liability insurance would generally provide the plumber with reimbursement for legal fees, settlements, and judgments.
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Pollution Legal Liability Insurance More Valuable as a Result of High Court Ruling
Green Building Law Update
FEBRUARY 12, 2014
Insurance companies cannot recover environmental cleanup costs paid to their insured under the federal Comprehensive Environmental Response, Compensation and Liability Act, commonly known as Superfund, from another Potentially Responsible Party ( unless their insured had first pursued a separate claim to recover the cleanup costs from that PRP).
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Builder’s Risk vs. General Liability for Contractors: What’s the Difference?
Levelset
AUGUST 24, 2022
Two of the most common insurance policies that contractors have are builder’s risk and general liability, which serve very different purposes. Builder’s Risk Insurance General Liability Insurance Coverage Covers a building under construction—and often tools, equipment, and materials related to the project.
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#109: Liability Insurers' Duty to Defend
NH Construction Law
JANUARY 30, 2022
When a contractor or subcontractor is sued for defective workmanship, one of his first thoughts is likely to be whether the damages are covered by his liability insurance. ”) Parsing of claims and theories, and furnishing a defense to only the covered ones, is not allowed. Many professional liability policies have them.
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Subcontractor Insurance: 7 Policies Subs Should Consider for Their Business
Levelset
SEPTEMBER 14, 2022
“If something goes wrong, liability could hit the GC’s policy, which dilutes liability insurance limits, negatively impacts their claims history, and forces them to deal with a claim that’s not really their fault.”. Medical expenses, property damage, and legal defense costs can grow quickly.
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What Contractors Need to Know About Surety Bonds
Construction Marketing
JULY 11, 2022
Surety bonds are financial guarantees that are issued to ensure the individual or company who obtains the bond will perform work in a legally compliant manner and will avoid fraud and misconduct. Surety – The bonding company that guarantees the principal’s ethical operations and legal compliance by issuing the bond.
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First-Party vs. Third-Party Insurance: What’s the Difference?
Levelset
SEPTEMBER 19, 2022
Third-party insurance , also known as liability or casualty insurance, protects insured individuals or businesses in situations where they may be liable for damages to another person or business — the third party. The roofer’s general liability insurance covers claims related to injuries related to the customer’s fall.
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What is ‘Substantial Completion’ in Construction? Definition and Examples
Building Radar
JULY 30, 2024
In the construction industry, the term “substantial completion” plays a crucial role in defining when a project is considered complete from a legal and practical standpoint. It often triggers various contractual and legal obligations, such as final payments and the start of warranties.
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Errors and Omissions (E&O) Insurance Explained for Construction?
Levelset
SEPTEMBER 2, 2022
Errors and omissions (E&O) insurance covers contractors against financial loss resulting from mistakes, errors, or claims of negligence. While general liability insurance covers against claims related to injury or property damage, errors and omissions insurance protects from lawsuits related to financial loss.
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What Are the Legal Safeguards for Getting Back to Work?
Pro Builder
JULY 27, 2020
What Are the Legal Safeguards for Getting Back to Work? As builders and trade contractors start to get back on track following the impact of COVID-19 and its restrictions, there are legal concerns to consider. Failing to handle absence requests properly could expose employers to liability under those laws. .
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Construction Law: March 2024
Construction Law
MARCH 1, 2024
News Our regular news round up includes a call from insurance companies for pilot projects to find investment models for green infrastructure; failure of another legal challenge to the Stonehenge project; and a warning that the new Building Safety Regulator is looking for a high profile prosecution to make a point.
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40 Construction Law: November 2024
Construction Law
NOVEMBER 4, 2024
Legal terms explained Tom Cadman of Herbert Smith Freehills LLP explains what is meant by Building Liability Orders. News Our regular news round up reports on a major review of water industry regulation; a rail group urging the use of private finance; and a call for standard form contracts to be left unamended.
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40 The Startup Construction Business Checklist: 3 Important Documents You Need to Have
Construction Marketing
SEPTEMBER 24, 2015
A construction business needs need public liability insurance , and employers’ liability insurance if you employ staff. Although public liability insurance is not a legal requirement, it should be regarded as essential. Legal Documents. Business Plan. A business plan is vital for a number of reasons.
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Carpenter’s Insurance: Who Needs It & Why
Levelset
SEPTEMBER 30, 2022
There are many policies that apply to a carpenter, but a simple business owner’s policy can include property damage and liability coverage. If a third party gets injured on a job, liability coverage helps pay the cost of legal defense if you get sued for the accident. . Does a carpenter need insurance?
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Completed Operations: A Contractor’s Guide to Coverage, Cost, & More
Levelset
SEPTEMBER 16, 2022
It is sold as an extension to your general liability insurance policy and may be required by the state you work in or the project owner. It pays for repairs of damages to the surrounding property, as well as legal expenses incurred during a lawsuit. Completed operations coverage is bundled with a contractor’s general liability policy.
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Undecided
Mr Ethics
JUNE 19, 2015
Dear Mr. Ethics, My partners are telling me we should be forming limited liability corporations for every project we do. s” will legally protect our personal assets and the assets of our regular company. Dear Undecided, LLC’s have been around for decades and are perfectly legal. They tell me that these “L.L.C.’s”
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Undecided
Mr Ethics
JUNE 19, 2015
Dear Mr. Ethics, My partners are telling me we should be forming limited liability corporations for every project we do. s” will legally protect our personal assets and the assets of our regular company. Dear Undecided, LLC’s have been around for decades and are perfectly legal. They tell me that these “L.L.C.’s”
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Undecided
Mr Ethics
JUNE 19, 2015
Dear Mr. Ethics, My partners are telling me we should be forming limited liability corporations for every project we do. s” will legally protect our personal assets and the assets of our regular company. Dear Undecided, LLC’s have been around for decades and are perfectly legal. They tell me that these “L.L.C.’s”
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Does GC Insurance Cover Subcontractors?
Levelset
SEPTEMBER 23, 2022
If a sub accidentally drops a steel beam on the project manager’s new sports car, that subcontractor’s liability insurance policy would likely cover the damage. However, the types of policies and their limits (the maximum amount claims can pay out) are limited. General liability insurance. Subcontractor default insurance.
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10 Best Insurance Companies for Construction Businesses
Levelset
AUGUST 31, 2022
They offer a full range of business insurance policies, including general liability, commercial auto, workers’ compensation, and umbrella. They provide general liability, property, subcontractor, and cyber protection. Next does not offer specialty coverage, like builders’ risk or pollution liability. Find an agent. Nationwide.
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Construction Law Aug/Sept 2024
Construction Law
AUGUST 5, 2024
Legal terms explained Wei Qi Ng of Herbert Smith Freehills LLP examines what is meant by constructive acceleration. Uncertainty remains over the scope and extent of extended liability under the Defective Premises Act 1972, they warn.
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What Is a Certificate of Insurance (COI) for Contractors — and When Do You Need One?
Levelset
OCTOBER 13, 2022
If you’re bidding on contract work, you will likely need a COI per terms of a legal agreement. Aside from owners and GCs, a government entity may want to see proof of liability insurance. This party may want a COI to ensure they are protected from liability in the event of a product-related injury or accident.
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Additional Insured Endorsements & How They Work in Construction
Levelset
SEPTEMBER 6, 2022
In short, an additional insured is typically another business entity or person who can be added to your business policy, securing the same liability protection that you do. The policyholder will also have certain duties to perform if an insurance claim is incurred and reported. Though not common, large and complex claims do occur.
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Construction Law: July 2024
Construction Law
JULY 1, 2024
Legal terms explained Isabella Salame of Herbert Smith Freehills LLP examines what is meant by unforeseen ground conditions. Guest Editor Paul-Raphael Shehadeh of Duane Morris draws on the work of a CIA analyst to examine how sure lawyers might be when they advise clients of the chances of success in legal actions.
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A Plumbing Contractor’s Guide to Insurance Coverage
Levelset
OCTOBER 14, 2022
A plumbing contractor’s insurance policy covers claims for property damage, but it may also help defend against lawsuits resulting from a work-related incident. In this respect, general liability insurance or workers’ compensation could help cover those costs if an incident should occur. . Liability for damage.
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Virtue signallers beware
Construction Law
DECEMBER 2, 2022
The next thing you might be contacting your lawyer about could be your potentially over-inflated sustainability claims. Virtue signalling by ‘greenwashing’ could end up being more expensive than taking the measures you have wrongly claimed to.
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Net Zero House Lawsuit Filed Against Home Builder
Green Building Law Update
JUNE 30, 2019
And there does not appear to be a valid legal theory even articulated to pierce the corporate veil and find liability in individual LLC members. The website goes on to claim, “every homeowner can have the home of their dreams without the dread of colossal energy bills.”. The case is Jeremy Simons et ux, et al v.
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Insurance for HVAC Contractors: What It Covers and Why You Need It
Levelset
SEPTEMBER 20, 2022
Liability insurance will help cover expenses for damage to someone else’s property and/or legal costs if another party decides to file a lawsuit. The contract may ask that each sub carry a liability amount of $2 million, for example. Business property insurance covers the value of materials you own to perform your job.
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Net Zero Certification Program Announced by USGBC
Green Building Law Update
SEPTEMBER 23, 2018
In an era when concern over legal liability for building claims is real, not only enforced by the FTC and state attorneys’ generals, but also in consumer class action suits, it is likely unwise to make the claim that a building is net zero energy use or the like, what does net zero mean?
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Unlimited liability for designers and contractors
Construction Lawyer
MAY 30, 2012
His book, Legal Guide to AIA Documents, published by Aspen Publishing, is in its fifth edition. Sabo & Zahn LLC is an Illinois Limited Liability Company. The information provided here is not intended to be a solicitation for legal services, nor does it constitute legal advice. A Legally Inclined Weblog. >.
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Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause
Construction and Infrastructure Law
JANUARY 9, 2020
Any party who could face potential liability should be included as an indemnified party. In many instances, a clause can be drafted to protect against claims asserted as well as an ultimate finding of liability. This is an easy way to avoid unexpected liability. These requirements often differ from state to state.
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Between A Rock and A Hard Place: How the Severin Doctrine May Relate to Your Statute of Limitations Period
Best Practices Construction Law
MAY 27, 2016
I previously blogged about the rules relating to pass-through claims , where a prime contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. KBR submits a certified claim with the Army for $10.4 In Kellogg Brown & Root Servs., million; and. million; and.
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Louisiana Court Enforces AIA Wavier of Subrogation to Preclude Carrier’s Recovery
Constructlaw
FEBRUARY 7, 2023
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. The trial court agreed that the waiver of subrogation barred the carriers’ claims and granted the motion for summary judgment.
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Should Licensed Contractors Hide Behind LLCs?
Construction Dive
SEPTEMBER 18, 2013
Can a licensed contractor shield himself from personal liability for negligent construction by doing business as a limited liability company (LLC)? Or, does the license impose an obligation on the individual that cannot be avoided by a legal structure such as an LLC? The personal liability of the individual member was trickier.
Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause
Construction and Infrastructure Law
JANUARY 9, 2020
Any party who could face potential liability should be included as an indemnified party. In many instances, a clause can be drafted to protect against claims asserted as well as an ultimate finding of liability. This is an easy way to avoid unexpected liability. These requirements often differ from state to state.
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#107: "Prevailing Party" Attorneys' Fees Provisions
NH Construction Law
NOVEMBER 26, 2021
in attorneys’ fees to a homeowner who sued for $12,400 and won a $6,800 jury verdict on a breach of contract claim. One way that courts reduce attorneys’ fee awards below the amounts incurred is by disallowing fees spent pursuing claims or legal theories on which the plaintiff did not prevail. Blalock , No.
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Contractor License Bonds: Everything You Need to Know
Levelset
JULY 21, 2022
Well, every state sets its own rules for contractor licensing, and contractors often must purchase a surety bond in order to legally practice their trade. In the event of a valid claim against the license bond, the principal must reimburse the surety company for any payouts. Note: These scenarios don’t always lead to a claim.
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Pennsylvania Home Improvement Consumer Protection Act: What Residential Contractors Need to Know
Levelset
MAY 16, 2022
The contractor should carry, and the contract should reflect that the contractor has liability insurance covering personal injury of at least $50K and property damage coverage in the same amount. Failure to comply with these requirements could lead the contractor to liability under home improvement fraud. Learn more.
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98 Green Building Data Risk as an Opportunity
Green Building Law Update
DECEMBER 3, 2017
And the power utilities protect themselves from liability related to data. It is the unsophisticated who will encounter legal issues and be left holding the bag. Many of those local laws are poorly drafted and do not insulate the reporting parties from liability for errors, harmless or otherwise. Others collect building data.
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Fraud as an Exception to the Economic Loss Doctrine: Changing Trends in Colorado and Tennessee
Constructlaw
JUNE 17, 2022
Most frequently, the Economic Loss Doctrine bars negligence claims. Its outer bounds begin with intentional torts, and most jurisdictions do not apply the Economic Loss Doctrine to fraud claims. Dream Finders Homes claimed that Weyerhaeuser misrepresented the nature of the joists and claimed remediation costs and legal expenses.
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COVID 19 Commercial Building Liability
Green Building Law Update
MAY 24, 2020
With all 50 states now in some stage of reopening from coronavirus pandemic closures, many commercial real estate owners are questioning if they can be liable for damages when someone, whether an employee of the business tenant or someone else, claims to have contracted COVID-19 at their building.
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