Who has Responsibility for Jobsite Safety is Determined by Contract Language

by Kent Holland | Jun 16, 2017 | Newsletter Article

By: David B. Vornehm, Esq., and Sean T. Devenney, Esq. Drewry Simmons Vornehm, LLP When it comes to determining who is responsible for jobsite safety, CONTRACTS ARE IMPORTANT. That is the “take-home lesson” from the recent Indiana Supreme Court decision in Michael...

Encountering Soil Conditions Differing from data in Government Provided Geotechnical Report Entitled Design-Builder to Differing Site Condition Recovery (ASBCA Decision)

by Kent Holland | Jun 1, 2017 | differing site conditions, Newsletter Article

Geotechnical, Saturated Soil, Geotechnical Report, Metcalf Construction During site excavation, a design-build contractor encountered a large quantity of unsuitable soils, and this required remediation before foundation work could commence for a building. In this...

Professional Liability Exclusion in CGL Policy Bars A/E from GCL Additional Insured Coverage for Laborer’s Injuries From Alleged Failure to Plan for Safe Removal of Digester Tank Lid

by Kent Holland | Jun 1, 2017 | Newsletter Article, professional liability exclusion

Sparks from a cutting torch being used to remove bolts from a wastewater digester tank ignited a methane gas explosion that killed an employee of a construction subcontractor and injured an employee of another subcontractor. Both subcontractor’s were required by their...

Correcting the Additional Insured Problem when Named Insured is not in Privity of Contract with Additional Insured

by Kent Holland | May 31, 2017 | Newsletter Article

The April 2017 issue of ConstructionRisk.com Report included an article about a case in which the court held that a CGL insurance carrier of a construction contractor was not obligated to defend the project owner’s construction manager as an “additional insured”...

Pay-if-Paid Clause Enforced to Deny Payment to Subcontractor (Missouri law)

by Kent Holland | May 31, 2017 | Newsletter Article

Where a subcontract clause stated that the subcontractor agreed that the prime would not be responsible to make any payment to the Sub “unless and until [Prime] receives payment … from Owner of the project,” a Missouri appellate court found that the language was clear...

“Pay-when-paid” treated as a “Pay-IF-paid” due to Condition Precedent Language (Virginia law)

by Kent Holland | May 31, 2017 | Newsletter Article

A question sometimes arises as to whether a payment clause in a subcontract creates an absolute bar to subcontractor payment in the event an owner fails to pay the prime contractor or creates merely a time frame for paying the subcontract, thereby requiring payment...