Contractor hired by city has to protect it on suits from cops on hair sample drug testing NO SPECIAL FORM OF NOTICE FOR DUTY TO DEFEND When a contract includes indemnity and an agreement to defend, no special kind of notice is required before the duty to defend is triggered.  The burden of notice is… Read More


A recent Maryland case shows the protection contractors enjoy when their contract includes waivers of subrogation.  Gables Construction v Red Coats Md Ct Appeals (2020) PARTIES AND AGREEMENTS       Owner – Upper Rock II General Contractor – Gables Construction Project – 139 Unit Apartment Building Contract – AIA A102 with GMP and AIA A201 with waivers… Read More


Recent Massachusetts Appeals Court unpublished decision adds to confusion over the already complex system for additional insured coverage. Phoenix Bay State v First Financial Insurance Mass Appeals Court 2020 PARTIES General                Phoenix Subcontractor    Lanco Sub’s Insurer      FFIC Suit                       Lanco employee v Phoenix Policy                   Phoenix demands defense as an additional insured on Lanco… Read More