Additional Insured contractor blocked from GL Coverage by Sub’s Residential Exclusion CWC Builders, Inc. v United Specialty Insurance Company US District Court D Mass 2015 FACTS Construction manager CWC, on a residential construction project, required its subcontractor to add CWC as an additional insured on the sub’s General Liability policy with United. A flooding incident damaged a neighboring property and CWC got sued. CWC called on… Read More
Strict Compliance for Construction Contract Recovery, Softer Standards for Equity G4S TECHNOLOGY LLC v MASS TECHNOLOGY PARK CORP. Mass SJC 2018 FACTS Government owner hired design builder for $45M project (internet backbone for 400,000 Western Mass users). The contract included requisition certifications that subcontractors had been paid and liquidated damages for late finish. Project got delayed. Owner held back payment on requisitions. Contractor issued change… Read More
Additional Insured’s Policy Made to Pay First As Primary – With The Named Insured As Excess Sophisticated insureds can’t understand additional insured either Scottsdale Insurance v United Rentals US Dist Ct. Massachusetts (2018) FACTS Gomes had Scottsdale Insurance and when Gomes rented a lift from United Rentals it added United Rentals as additional insured. A Gomes employee was operating the lift when it caused personal injury to Ayotte. Ayotte sued… Read More
9 Ways To Be A Good Construction Project Owner Own the process and set the tone. Newer design and construction methods use better integration across disciplines and among parties, sometimes using Lean principles, a collaborative spirit and open communications. Getting to know the others on the project will make the inevitable hard conversations, easier to have. Spend early time together with both the design… Read More