The insurance requirements worked in this 2018 North Carolina case, in forcing the lower tier sub’s primary general liability and umbrella insurers to pay for defense and for the amount of the settled claim. Continental Cas. Co. v. Amerisure Ins. Co., Typical claim arrangement. Injury to employee of sub-sub. Lawsuit against Sub, General and Owner. Four… Read More »Contractual risk transfer – this time it worked.
Construction Equipment Lessor Gets Out of Injury Suit This Time
Massachusetts judges have twice recently considered the liability of a construction equipment renter to a person injured while using the equipment and the cases reach different results. The most recent case let the lessor out directly. As reported here the lessor of a construction lift had to share liability for its users’ actions in a… Read More »Construction Equipment Lessor Gets Out of Injury Suit This Time
May 27, 2014 Boston Society of Architects // BIM Roundtable featured a talk by Construction Management project teams from Skanska and Consigli who implemented a modularized MEP (Mechanical, Electrical, Plumbing) system on a biopharma project for Novartis in Cambridge. The system, ringing each floor supplied utilities in predetermined pathways. The HVAC ductwork, plumbing pipe… Read More »Collaborating on Prefab MEP’s for Biopharma
Building code violations -evidence of negligence? Only sometimes.
If someone gets hurt on your property does every building code violation come in as evidence of negligence? A recently decided Massachusetts case Sheehan v Weaver 467 Mass 734 (2014) considered the question and said it depends on the commercial or residential characteristics of the part of the property involved. William Sheehan lived in a… Read More »Building code violations -evidence of negligence? Only sometimes.
More and more states have passed laws prohibiting agreements that require someone to answer a claim entirely caused by the person seeking reimbursement or indemnity. It has been standard in construction to push risks onto other parties who then get insurance for those exposures. The new laws prohibiting these formerly common provisions, have created uncertainty… Read More »Anti Indemnity Law and Wrap Insurance
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