Litigation Topics for Prime / Subcontractor Contracts

I had a speaking engagement today here in Kenner, Louisiana (a suburb of New Orleans) whereby I had the pleasure of speaking to a group of contractors and architects regarding construction contracts. The bulk of the discussion focused on the most contested provisions within construction contracts. The information is very helpful to contractors and can […]

Tropical Storm Lee – Prepare for Insurance Claims

Contractors and property owners should be very knowledgable of the claims process after a natural disaster. Over the Labor Day weekend the New Orleans metro area, along with southern Louisiana experienced high winds and double-digit rainfall totals due to Tropical Storm Lee. Contractors who have equipment, property and unfinished work need to report any flood, […]

Common Law Analysis – Pay-if-paid, Pay-when-paid & Liquidating Agreements in Construction Contracts

In a recent decision, Sloan & Company v. 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. Although the court interprets Pennsylvania law, these concepts […]

Construction Insurance Carriers Address Green Building Projects

We've previously written about the intersection of standard insurance policies and green building projects.   And at times, have discussed specific insurance products that may be available. The problem is simply explained:   Green building projects present unique liability exposures. Will one party promise energy performance that does not deliver (read:  negligent misrepresentation)?   Will a […]

Is Your Contractor’s or Subcontractor’s Certificate of Insurance Worthless?

If you look closely at your contractor's or subcontractor's certificate of insurance, you're likely to find a disclaimer that reads something like this: This certificate is issued as a matter of information only and confers no rights upon the certificate holder.   This certificate does not amend, extend or alter the coverage afforded by the policies […]

Homeowner Sues Their Homeowners Insurer for Chinese Drywall Defects

On the Chinese Drywall Blog, we've talked about class action suits, individual suits against builders and suppliers, suits by builders against its suppliers, and other similar actions. However, in Florida, one couple seeks to hold another party liable for their Chinese Drywall damages:  their own homeowners insurer. The claim makes a great deal of sense, […]

Green Building and Risk Management

Just recently, the U.S. Green Building Council published an update to its readers explaining Risk Management issues to its readers, explaining that while green building is growing even in the current U.S. Economy, it presents unknowns that makes it difficult for the industry and insurance underwriters to manage risks. Here is a snippet: Underwriting insurance […]

Pollution Exclusion at Center of 5th Circuit Decision this Week

On April 22, 2009, the U.S. Fifth Circuit released an opinion in Nautilus Insurance Company v. Country Oaks Apartments, Ltd. that may bear some significant on the question of whether contractor GL insurance policies will cover Chinese Drywall claims. Explaining The Suit The suit required the appeals court to address the scope of the absolution […]

Builders Starting To Tango with Chinese Drywall Claims

As the Chinese Drywall crisis unfolded over the last few months, news reports were abound of class action litigation against large drywall manufacturers, but it appeared that builders were getting a "free pass" on liability. Unfortunately, but inevitably, it appears the tide is changing. Recently, the shoe dropped for Lennar Co., who was arguably the […]

Home Builders v. Insurance Pollution Exclusion on Chinese Drywall Claims

In the Chinese Drywall litigation world, the flame is getting closer and closer to contractors, suppliers and home builders.  Just this week it was reported that Lennar Co. was named in a Florida class action and a comment on this blog suggested that an individual suit against a builder had been filed. As these actions […]