The Surety Has Tendered its Defense – Now What?
This is a question we sometimes get from contractors who are either on the receiving end of a payment bond claim for the first time or have deeper concerns about their current bonding relationship. An important first step is to review the fundamental difference between insurance policies (which provide coverage against the risk of defined… Read more
Insurance Carrier Intervention – Not a Tool of the Trade
By Alan Jones on July 23, 2021 |
Insurance carriers for general contractors and subcontractors sued in any case alleging damages due to construction defects will often (but not always) aggressively seek to show they owe no duty to defend or indemnify their insureds for such claims. While the duty to defend is relatively broad (compared to the duty to indemnify) and is… Read more
Are You (Really) Indemnified…?
Indemnification clauses run a close third for “Most Tortured Interpretations” in the history of the written word, just behind the United States Constitution and the lyrics to The Beatles’ “I Am the Walrus.” One would think that, by now, a razor-sharp indemnification clause would exist such that it would become essentially boilerplate language, with a… Read more
Changes to Contractor Licensing Laws for 2018
The last legislative session in South Carolina saw a change in South Carolina’s contractor licensing laws. South Carolina has five different general contractor licensing groups. Each license group is determinative of the dollar value of work that a general contractor could perform and each with its own net worth requirement ranging from $10,000 to $250,000…. Read more
Construction Contracts 101 – Key Terms and Provisions
A construction contract can be a daunting document. It can be hundreds — if not thousands — of pages in length depending on the complexity of the project. In addition to the document that is signed by the parties, the full construction contract can include drawings, specifications, geotechnical reports, general conditions, special conditions, and other… Read more