Blog Post
07/21/2020
By Gregory M. Boucher

On June 29, 2020, the Michigan Supreme Court ruled that a subcontractor’s commercial general liability (CGL) insurance policy may provide a contractor listed as an additional insured on the CGL policy with insurance coverage for correcting the subcontractor’s faulty work. See Skanska USA Bldg. Inc. v. M.A.P. Mech. Contractors, Inc., No. 159510, 2020 WL 3527909 (Mich. June 29, 2020). The court held that unintentionally faulty subcontractor work that damages an insured’s work may constitute an “accident” for an additional insured under the subcontractor’s CGL policy.

Blog Post
06/08/2020
By Brandon A. Brauer

On May 26, 2020, the Court of Appeals of Maryland (Maryland’s highest court) held that where one of the two parties to an AIA contract sues or settles with a third party, the AIA contract’s mutual waiver of subrogation precludes that third party from claiming a right of contribution against the other contracting party. See Gables Construction, Inc. v. Red Coats, Inc. et al., No. 397964-V, 2020 WL 2731087 (Court of Appeals (Md.) May 26, 2020). The appellate court reversed the lower court’s decision, on which we previously reported last year.
 

Blog Post
05/20/2020
By Gregory M. Boucher

On May 12, 2020, the United States Eight Circuit Court of Appeals, applying Missouri law, rejected a contractor’s contention that its commercial general liability (CGL) policy provided coverage for claims arising out of the contractor’s allegedly defective construction work.

Blog Post
04/17/2020
By Gregory M. Boucher

A recent decision from the D.C. Circuit Court of Appeals provides notice to construction performance bond owners and sureties that a bond owner may forfeit its rights under a bond if timely notice of default is not provided to the surety. See Western Surety Company v. U.S.

Blog Post
08/22/2019
By Sunu M. Pillai

In a case where the jury found both the Architect and the Developer separately responsible for Plaintiff’s damages, an Appellate Division of the New Jersey Superior Court recently held that the Developer is not entitled to be indemnified by the Architect.  See Grandview at Riverwalk Port Imperial Condo. Ass'n, Inc. v. K. Hovnanian at Port Imperial Urban Renewal II, LLC, No. A-2308-17T2, 2019 WL 3798427 (N.J. Super. Ct. App. Div. Aug. 13, 2019)(unpublished decision).

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