Limiting Contract Breach Liability For Construction Cos.

Limiting Contract Breach Liability For Construction Cos.
Greg Boucher and Joel Hopkins
Law360

Partners Greg Boucher and Joel Hopkins co-authored this article for Law360 discussing background and insights on a recent court case wherein the U.S. Court of Appeals for the Sixth Circuit affirmed a U.S. district court decision denying tunnel-boring manufacturer insurance coverage for a construction claim.

"The Sixth Circuit’s recent decision in Maxum serves as a stark reminder to construction companies that a typical liability insurance policy may not provide coverage for a claim alleging a breach of contract. As a result, construction owners, contractors and providers of goods and services must take additional steps to limit their liability on construction projects," wrote the pair.