Indemnification

A fire marshal was injured while conducting an inspection at an office building under construction. In suing the building owner, he alleged he tripped on a pile of construction debris. The owner filed an indemnity claim against its fire sprinkler contractor (“STT”)...

Why Getting the Wrong Result in Arbitration May Be What You Bought

By Ken A. Slavens, Esq. Arbitration is often seen as a way of getting a more predictable result in complex construction disputes. The subject matter expertise available with experienced arbitrators and the finality of the arbitration process itself are certainly...

Insured Contract Exception to Contractual-Liability Exclusion

A project owner and its subcontractors were entitled to be defended and indemnified under its contractor’s commercial general liability (CGL) policy. The “contractual liability” exclusion of the policy was not applicable because indemnity was afforded under an...