Owner expectations. How do we control them? How do we temper them? How do we simply tell them – its impossible? Owners almost always believe that LEED Certification is a product that you can purchase at a price. Its not. So how do we deal with this goal in a building contract?[...]
Archive for the ‘Insurance’ Category
November 22nd, 2011 - 11:43 am § in Bonds & Surety, Construction Liability, Construction News, Insurance
Can We Compel Insurers To Cover Construction Defect in General Liability Policies?
Recently, I read an article on Engineering News-Record that outlines a remarkable movement by as many as four states, to mandate coverage of construction defects in contractor general liability insurance policies. Say what? Is this a reality? What will become of affordable insurance?[...]
September 28th, 2011 - 9:47 am § in Construction Liability, Contract Drafting, Contracts, Insurance, Standard Provisions
Consider Amending Your Construction Contract In Response To Change In Insurance Policies
The organization responsible for boilerplate language in most insurance policies has made some changes that probably affect your construction contract. Luckily, the good people at ConsensusDOCS have made us all aware of these changes and they have suggested new contract language to deal with [...]
Vision One Is Argued: Here’s A Recap On An Important Construction Insurance Case
The decision in Williams v. Athletic Field left many in the construction industry very happy. Thousands of liens were validated by the high court, after the Supreme Court published their opinion. Now, the Supreme Court has another construction matter to resolve – Vision One. We have tal[...]
Counterpoint: Washington Supreme Court to Rule on Resulting Losses In Insurance Disputes
This is the fourth installment of posts on Vision One v. Philadelphia Indemnity, a Washington Supreme Court case touching on Washington construction and insurance law. After Williams v. Athletic Field got so much coverage, I wished that I had provided a forum for argument on Builders Counsel.[...]
June 8th, 2011 - 9:34 am § in Construction Defect, Construction Liability, Construction News, Federal & State Contracts, Insurance, Legislation & Law, Managing Risks, Public Contracting
Uninsurable & Unfair Indemnification: How Can We Stop It?
Indemnification. Its a commonly debated clause in your contract. Up the chain, the owner wants complete indemnification. Down the chain, the contractor wants less. What is fair? Is there a legislative answer?[...]
