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...

Engineer has no Affirmative Duty to Supervise Jobsite Safety Absent Contract Language or Conduct

by Kent Holland | May 22, 2017 | Newsletter Article

The Supreme Court of Mississippi affirmed a decision that we reported on last year in the case of McKean v. Yates Engineering, affirming that where a subcontractor’s employee was injured when scaffolding collapsed, the engineer working for the prime contractor was not...

Undocumented Immigrant Entitled to Access to Court to Pursue Personal Injury Action against Contractor

by Kent Holland | May 22, 2017 | Newsletter Article

Where summary judgment had been granted against an undocumented immigrant from bringing a negligence claim against his employer, the state supreme court reversed that decision and held that the courts of the state are open to every person of the state regardless of...

Indemnification Clause Required Indemnification Only for Damages Caused by Indemnitor

by Kent Holland | May 22, 2017 | indemnification clause, Newsletter Article

Where a subcontracted laborer brought personal injury action against a general contractor (GC), the GC filed suit against subcontractor to require it to indemnify it for any damages awarded against it. The laborer alleged he was injured from toxic fumes while...