Design-Build Trends, Challenges and Risk Mitigation
Design-build contractors with contractual responsibility for design and construction need strong contractual language and insurance programs to minimize risk exposures.
Keep Disaster From Striking the Jobsite
Proactive safety measures and documentation can reduce jobsite injuries and theft, and protect companies in the event of litigation. Contractors can lower their risk with careful planning and use of technology.
Subrogation, Anti-Subrogation and Waiver of Subrogation
Understanding subrogation, anti-subrogation and waiver of subrogation through insurance policies, contracts and the law is essential to proactive risk management planning and post-loss claim adjustment.
General Contractors’ Insurance Protections for a Subcontractor’s Defective Work
Courts nationwide have struggled with the scope of coverage for a commercial general liability policy for damages from faulty subcontractor workmanship. An Ohio decision may result in the need for additional coverage.
How Surety Bond Claims Can Destroy a Contractor
To avoid a surety bond claim, contractors must know their limits, understand time and budget requirements for each project, and recognize the skills it takes to get the job done.
No Rest for the Weary: Project Completion Is the Beginning of Litigation
Post-construction litigation mirrors the complexity of the project. Contractors can face construction defect litigation and be served with a Notice of Opportunity to Repair years after project completion.
Digital Technology Can Resolve Low-Touch Claims in Hours, Not Days
With digital technology, minor claims can be processed faster—sometimes in a matter of hours. But automated claims processing need not come at the expense of personalized service.
The Tension Between State Payment Statutes and Contractual Forum Selection Clauses
State payment statutes may bar contract terms requiring disputes on in-state projects to be litigated in other states. A Pennsylvania court ruled that the contractual forum selection takes precedence over the state provision.
