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The Duty to Defend in the Contractor’s CGL Insurance Policy

By on May 3, 2017

The CGL carrier’s duty to defend an insured contractor for a claim for defective construction can be a huge cost savings tool.  But, contractors should be mindful of the benefits and hazards of tendering a defense to its carrier before doing so. What is the duty to defend? Commercial general liability (“CGL”) insurance carriers generally owe… Read more

Construction Defect Limitations Periods and the Duration of Your Risk in the Carolinas

By on January 11, 2017

Contractors often understandably assume that the end of a contractual warranty period marks the end of their potential liability on a project.  Unfortunately, while a warranty can effectively limit obligations to make certain repairs, liability for defective construction does not end with the warranty.  Instead, the duration of risk is primarily determined by two types of laws:  statutes of… Read more

Are Certificates of Insurance Enough?

By on September 1, 2016

Contracts usually require contractors and subcontractors to carry certain types of insurance with stipulated coverage limits.  In most of the contracts that come across my desk, the owner or contractor simply require the contractor or subcontractor to provide a certificate of insurance to confirm and verify that the required insurance coverages are in place.  If… Read more

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