Construction Manager is not Additional Insured under Contractor’s CGL policy Despite Owner/Prime Contract Requiring Contractor to Name CM as Additional Insured

by Kent Holland | May 22, 2017 | Newsletter Article

A construction contract between a contractor and project owner required the contractor to name the construction manager (CM) as an additional insured under its commercial general liability (CGL) policy. A sample additional insured endorsement with the CM’s name typed...

CGL Coverage for Consequential Damages to Condo Resulting from Rain Intrusion Allegedly Caused by Subcontractor’s Work

by Kent Holland | May 22, 2017 | Newsletter Article

A condominium complex sustained consequential damages resulting from rainwater infiltration from roof leaks and leaking windows, due to alleged defective work of a construction subcontractor. The condo association filed suit against the prime contractor, among others,...

Project Owner Not Liable for Injuries of Employee of Contractor

by Kent Holland | Mar 30, 2017 | Newsletter Article

By Kent Holland A subcontractor’s employee suffered a horrible injury when removing an abandoned railroad bridge. After recovering almost $1.5 million in workers compensation, he sued the railroad company that had hired the prime contractor that hired the...

Prime Contractor not Liable for Injuries of Subcontractor’s Employee where Prime Retained no Control of Individual’s Work

by Kent Holland | Mar 30, 2017 | Newsletter Article

By Kent Holland An employee of an independent contractor cannot generally recover damages from the one who hired the contractor for work-related injuries. One exception to this rule is where the hirer actually retained control of the work or otherwise caused or...

Contractor Under a GMP Contract Cannot Make Indemnification Claim against Engineer for Inaccurate Design Documents that Caused Extra Costs where there was no Third Party Claim

by Kent Holland | Mar 30, 2017 | Newsletter Article

By Kent Holland Hensel Phelps Construction Co. (“Contractor”) was awarded a Guaranteed Maximum Price (GMP) contract for a Marriott Hotel in Washington, D.C. In preparing its GMP proposal, the contractor relied upon “Preliminary Design Documents” that had been prepared...

Project Owner May Lose Right to Use A/E’s Copyrighted Documents Due to Failure to Pay Invoices

by Kent Holland | Feb 20, 2017 | Newsletter Article

The question of what rights a project owner gets to the copyrighted plans and specifications prepared by its design professionals is one of critical importance that needs to be clearly addressed by contract. In Eberhard Architect’s v. Bogart Architecture, Inc....