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Representing Travelers in this discussion are Rich Ives, senior vice president of business insurance claims for Travelers Insurance, and Ken Wengert, vice president of risk control for construction, energy and marine at Travelers.
Protecting Against Environmental Risk in Changing Climates. This is on top of the growing array of emerging contaminant liability claims that increasingly plague jobsites and the rise of nuclear verdicts in the casualty line sector that grew by 335% from 2012 to 2019 according to American Transportation Research Institute.
Understanding Risk on the Road. These are among the costliest causes of business injury claims and can be detrimental to your company’s financial standing and reputation. Alex Headley. Mon, 11/08/2021 - 07:30.
The 6 Rules of Risk Mitigation in Construction Contracts. The slightest challenge can derail a project for weeks or even longer, causing profit margins to erode while also increasing the risk of potentially costly claims or litigation. Elizabeth Manning. Fri, 11/20/2020 - 00:10.
Speaker: Matthew DeVries, Construction Law Attorney and National Blogger
The rights and responsibilities of parties involved in a construction project are mainly dependent upon the contract or agreement between them, and there is no better time than to review your contractual obligations to identify risk pitfalls, resolve tensions, and ensure success. How to prepare for new challenges in a COVID-19 environment.
5 Reasons to Bring Construction Claims Experts into Early Planning. Due to the many factors that have impacted and changed the construction industry throughout 2020, projects are facing increased risks that may open the door to some unique claims or litigation. Elizabeth Manning. Tue, 10/20/2020 - 16:01.
Risk on the Road. These are among the costliest causes of business injury claims and can be detrimental to your company’s financial standing and reputation. Alex Headley. Mon, 11/08/2021 - 07:30. As much as you’d like to assume safety is always top of mind in the construction industry, it’s important not to take anything for granted.
This blog post highlights the legal risk associated with ESG disclosures and proffers that with green building practices companies can mitigate their legal risk while still being responsive to the trend of investor demands for more disclosure. But the risks associated with ESG disclosures are real and should not be underestimated.
Water damage has long been one of the most common insurance claims in the industry, and it now accounts for up to one-third of all payouts on builder’s risk policies. The cost of those payouts has been rising steeply for several years, and insurers have consequently taken severe steps to mitigate their risks.
This trend has put any construction company that does not use best-in-class safety practices at the risk of being put out of business. A plaintiffs attorney in post-crash litigation can claim negligence if there is any failure to follow policies, procedures, or reasonable practices that find, coach, and remediate high-risk behavior.
Understanding Driver Risk Is Paramount to Your Company’s Profits Use fleet tracking tech to tackle operational challenges while keeping your drivers safe mhodges Thu, 04/20/2023 - 07:37 Fleet managers must balance ever-shifting routes and customer needs — all while keeping drivers (and the public) safe.
How Dash Cams Help Your Construction Company Because Hazards for Construction Companies Aren’t Just on the Jobsite mhodges Tue, 10/01/2024 - 15:26 In a typical group of employees who drive company vehicles, 15 to 20 percent of them will represent 80 percent of the risk.
Businesses making a net zero claim like, “we will be net zero by 2030” risk a charge that they are misleading consumers. It is one thing when a political leaders in a government make an ESG claim. But it is another thing for a business to make ESG claims about net zero or otherwise that mislead customers.
A recent Colorado Court of Appeals decision offers essential guidance for subcontractors filing claims under the Colorado Public Works Act. The case clarifies what can and cannot be included in a verified statement of claim, particularly concerning delay damages, and highlights the severe consequences of filing an excessive claim.
There is never a time when a construction company is not going to take at least a little risk with their projects. In that sense, it is no exaggeration to claim that an exhaustive risk management plan is a ‘must have’ in your construction operations.
Keller, Tom worked in the trucking industry for 22 years, holding the positions of driver, driver trainer, safety supervisor, lead instructor, claims manager, training director and safety director. Bob O’Connell CTP J. Keller & Associates Tags JJ Keller Compliance construction fleet safety Sponsor J.
For carriers, brokers, risk managers and adjusters this is not just a claim, it is a race against time. Embracing a commercial MRP is a powerful strategy to optimize the claims process, minimize delays and improve commercial loss management. These programs cut through the chaos, expedite recovery and keep stakeholders satisfied.
In today’s litigious environment, claims against construction companies are inevitable, and off-the-shelf solutions used to manage liability risks are too often inadequate. Construction defect claims are compounded by the fact that not all are covered by insurance, depending on the carrier and the applicable state statutes.
Unfortuately, a week after completion, you receive a claim letter from the other side. Finally, your major construction project is complete. Annoyed, you draft a denial. They file suit. You now face years of litigation in which you will recount, in painstaking detail, every single contested aspect of the project.
How to Step Up Your Game on Loss Control & Claims Management. Risk Management. construction claims management. Author Bio Richard Kohn and William Lathem are Risk Consultants at Cobbs Allen. Cobbs Allen is an independent, national agency focused on risk management in niche practice groups. Greg Ragsdale.
The civil claim is separate to the public inquiry into the fire, which finished taking evidence in November 2022 and is expected to issue its final report later this year.
Insurance expert John D Wright of JD Risk Associates explains the process of making a claim under an insurance policy- a potential minefield for the unwary he warns, as there are many reasons why a claim may not be paid in full, or at all. This story is only available to subscribers to the printed edition of Construction Law.
business seeking to mitigate the risk associated with data protection. A claim pending against a major U.S. When claims are made, including for negligent misrepresentation, by a buyer against a seller that data is not accurate, who is responsible largely depends upon the writings. Because the U.S. The fix is very easy.
OSHA violations are more than just compliance issuesthey put lives at risk and jeopardize your company’s reputation. Prevention Steps: Conduct site inspections to identify all fall risks. Staying ahead with proper respirators mitigates risks. Establish regular training programs and ensure all workers participate.
“I recognize, and wholeheartedly respect and support, states’ exclusive authority to make choices about the types of generation they support and that get built to serve their communities. They still can do so under this order.”.
I can accurately assess risk related to any changes, billing, or performance issues. Is there a single Public Sector organization that can claim verifiable construction cost management capability? The recently published survey of 243 owners (122 public, 121 private), 240 general contractors and 241 specialty trade.
Despite that the Zero Waste movement peaked in about 1998, in the modern context of Net Zero from Net Zero Energy to Net Zero Carbon, we are today with surprising frequency asked about a business being able to claim it is Zero Waste. No company should claim to be Zero Waste. There is a lot of waste out there. But it is not easy.
Sidestepping for a moment those companies that set out to intentionally deceive other about their ESG bonafides, from time to time, what companies think their ESG claims mean and what others really understand are two different things. And while today it has a broader definition including not only environmental claims but also matters of ESG.
Damage recovery If your claim is successful, you may be entitled to recover damages for your injuries. These defenses include: Assumption of risk This defense says that you knew of the risks of working at a construction site and that you voluntarily assumed those risks.
As attorneys we assist companies capturing opportunities while mitigating risks, including because our ESG efforts can be subject to attorney client privilege and confidential work product, it is our focused long term experience in sustainability law that truly advantages our clients in leveraging ESG risk as a business opportunity.
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?
I just blogged about asking for what you want and the importance of complying with notice provisions in pursuing a construction claim. A court in Oklahoma just reminded me that not all claims require notice. The contractor argued that the owner failed to comply with the notice provision when making its claim for liquidated damages.
So you can quickly find yourself lost in a sea of disconnected information unable to trace and resolve constraints or find the information you need to raise or respond to a claim. The fact that all information is now stored in the cloud allows you to raise or respond to claims much faster. Admin-heavy processes. And that’s not all!
The contracting officer denied the claim, and the contractor appealed. As appellant concedes, design risk is transferred to contractors in the design-bid context, but not the risk of DSCs. Another lesson learned is the importance of “reasonableness” when drafting or submitting claims.
As a contractor, you likely know that your business is always at risk. Between the potential for accidents and injuries on the job site and the risk of lawsuits, it’s important to have insurance to protect yourself from financial losses, but what kind of insurance do you need? Builders Risk Insurance.
A business saying though an ESG statement on their website that they are concerned about modern slavery may sound nice, but in 2021 when so many are talking about ESG, that claim will not resonate and quite frankly falls short of what a private enterprise should be doing to prevent these crimes. Additionally, it is suggested in the U.S.
a publicly traded Brazilian mining company and one of the world’s largest iron ore producers, with making false and misleading claims about the safety of the Brumadinho dam including through its environmental, social, and governance (ESG) disclosures. Securities and Exchange Commission last month charged Vale S.A.,
Being able to define the major sources of risk in your projects can eventually pave the way for faster and cheaper delivery without having to compromise quality. That being said, coming up with an effective risk management framework across different projects is possible. How we could define risk in a construction project.
Some contracts deem force majeure as a relevant event that may grant the contractor ability to file claims on an extended time needed to deliver their obligations under the contract. These claim disputes are common especially when it comes to unfavorable weather as the term is mostly vaguely defined.
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