No Insurance under CGL Policy for Contractual Dispute

Where a concrete subcontractor’s ready mix concrete was found to be defective, and its client- another contractor, refused to pay for it, the subcontractor put a lien on the project, and the parties sued each other over the payment dispute.  The subcontractor then...

Economic Loss Doctrine Inapplicable to Condo HOA suit

Condominium Association (HOA) was not barred by the economic loss doctrine from suing construction professionals, including the general contractor, that designed and constructed the condominium complex.   The suit was for damages from cracking concrete and various...

Contractor had no Professional Liability Coverage under CGL Policy

When a swimming pool builder was sued by an individual that suffered injury in the pool that the builder contracted with the health club to design and construct.  The complaint alleged negligent design.  The builder tendered the claim to its commercial general...

Individual was not an “Agent” entitled to Indemnification

A laborer was injured when he fell from scaffolding that collapsed while he was performing masonry work. He sued a number of entities and individuals involved in the project for Wegmans Food Markets. Aeroteck, Inc. is one entity that was sued based on its having...

Pay-if-paid Provisions Not Per Se Unenforceable in Nevada

Where a general contractor failed to pay its subcontractor and used the pay-if-paid clause of the subcontract as the reason for not making payment, the Supreme Court of Nevada held that the contract provision was not per se void and unenforceable in light of the...