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...
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”...
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...
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...
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...
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...
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