by Kent Holland | Feb 17, 2014 | Newsletter Article
A contractor entered into an AIA standard form construction contract with a project owner to build additions to a school, including construction of tennis courts. After the courts were completed they began flaking, crumbling, and cracking – making them unusable. The...
by Kent Holland | Jan 30, 2014 | Newsletter Article
A question often arises whether there is insurance coverage under a commercial general liability (CGL) policy for damage the insured contractor’s own work. Many states require that there is no insurable “occurrence” under a CGL policy unless there has been damage to...
by Kent Holland | Jun 27, 2013 | duty to defend, Newsletter Article
A CGL insurance carrier owed a duty to defend its insured against a homeowner suit that alleged defective work, despite lack of clarity in the complaint that the work was performed by a subcontractor, and despite any indication in the complaint that the work caused...
by Kent Holland | Mar 16, 2012 | indemnification clause, Newsletter Article
Where a pipeline was damaged when it was struck by sheeting being installed by a sub-subcontractor while installing lift stations along a pipeline previously installed by the prime contractor, the sub-subcontractor was found to be liable to its client (ECI...
by Kent Holland | Jan 3, 2012 | Newsletter Article
Chinese Drywall caused damage that was not from coverage under a homeowner’s insurance policy because of several exclusions for (1) faulty, inadequate or defective materials, (2) latent defects, (3) rust or corrosion and (4) pollution. Two years after purchasing...
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