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


Additional insured status useless due to anti-indemnity laws MAXIM CRANE WORKS, LP v. ZURICH AMERICAN INSURANCE COMPANY, Dist. Court, SD Texas 2019 FACTS Crane lessor Maxim leased its crane ‘as is’ to Berkel on a Skanska job. Maxim became additional insured on Berkel’s Zurich general liability policy. Berkel, a Skanska subcontractor was enrolled in the… Read More


The Windsor School (Owner) hired the contractor (LKC) to build a new gymnasium.  LKC hired a subcontractor to lay the floor. Within months of completion, the architect notified the contractor of flooring deficiencies. Lee Kennedy Co. v. Arch Insurance Company, Dist. Court, D. Massachusetts 2019 When the contractor held the sub’s retainage, the sub sued.… Read More


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