Construction

The contractor on a large project engaged laborers through a sub, who may have been a labor broker. The contract allowed a higher fee on “self-performed” work, and the contractor claimed this labor as “self-performed.” But the Nevada Supreme… Read More

Homeowners who claimed not to have read the contract nonetheless signed a 10-page form with two critical items: (1) a check box indicating arbitration and not litigation for dispute resolution, and (2) incorporation by reference of general conditions… Read More

The sad part about decisions abrogating insurance coverage, based on misrepresentations by the insurance applicant, is that innocent third parties often suffer from the lack of coverage. A recent Pennsylvania decision provides one more example. The J… Read More

It’s a problem. Per the court: “Just as ‘Ten’ is not ‘Twenty,’ a ‘corporation’ cannot mean ‘a limited partnership.'” So a surety who obtained an indemnity agreement for claims arising from bonds… Read More

Contractor lent a vehicle to a sub, and the sub’s employee caused a fatal accident. The subcontract had an indemnity in favor of the contractor. Five insurance policies were in play: (1) sub’s auto policy, (2) sub’s GL, (3) sub’s umbrella, (4… Read More

Per a federal court, a GL exclusion that refers to a “wrap-up” is ambiguous, so the carrier’s request for summary judgment against coverage was denied, and the plaintiffs’ corresponding request to establish coverage was allowed. The underlyin… Read More

Where a sub was told that no additional time would be granted under any circumstances, the additional costs it incurred for acceleration and inefficiency could be recovered, even with a contract no-damages-for-delay clause. Also, the sub’s use of a… Read More

They don’t. Unless the subcontract is carefully drafted, that is. So where the prime contract required the owner to be named as an additional insured, and the subcontract flow-down clause passed along the GC’s obligations to the owner, as the sub… Read More