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The Faulty Work of a Subcontractor is Probably a Covered “Occurrence” in New York

The Tenth Circuit interprets contractual language in favor of the policy holder. The U.S. Court of Appeals for the Tenth Circuit recently ruled that the New York Court of Appeals would find that damage to a project caused by a subcontractor’s accid
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Massachusetts Court Finds There is No Coverage for Preventative Maintenance

The court rejected the plaintiff’s argument that the contract contained ambiguous language that would allow coverage. Traub Lieberman Straus & Shrewsberry’s blog contains a discussion of the Court’s decision in Roche Bros. Supermarkets, LLC
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Insurers not Liable for Employer’s Failure to Notify Employees of Insurance Provisions

The employer, not the insurance carrier, has a duty to notify insured to file evidence of insurability. An article by Chris Busey, Tom Hora, and Sam Schwartz-Fenwick in  ERISA & Employee Benefits Litigation Blog discusses the Fourth Circuit ruli
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Construction SuperConference Announces Keynote Speaker

Rich Karlgaard, an entrepreneur-turned-publisher, columnist, author, television commentator, private investor and board director, brings his unique perspective on the trends driving the business and investment climates. His insights help audiences se
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Opinion—The U.S Supreme Court Ruling in Epic Systems v. Lewis is Victory for Business, Setback for Organized Labor

By Don Wallis.   The Court reaffirms the intended purpose of the Federal Arbitration Act. The 1925 Federal Arbitration Act (FAA) was crafted to allow litigants with a mechanism for resolving disputes that is less time consuming and less expensive th
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Complying with Rules for P3s for Public Transportation Projects is Now Easier

The new FTA Rules are similar to the Federal Highway Administration procedures The Federal Transit Authority has issued its “’Private Investment Project Procedures, (PIPP), designed, as John Smolen explains in an article NOSSAMAN’s INFRA INSIGH
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California Supreme Court Clarifies the Use of Good Faith Withholdings in Payment Disputes

The Legislative intent of prompt payment statutes must be taken into account. Both common law and statutory law prompt payment provisions allow a prime contractor to withhold payment to a subcontractor if there is a legitimate, good faith, issue conc
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What Constitutes a “Suit” in Commercial General Liability Policy Coverage?

The Florida Supreme Court provides an expansive meaning for “suit” Insurance carriers have been arguing with contractors over coverage terms under Commercial General Liability Policies for as long as these policies have been written. A relatively
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The EPA Held to the Same Evidentiary Standards as Petitioners

Washington, D.C., court finds EPA ruling is arbitrary and capricious For many years federal courts have given the Environmental Protection Agency the benefit of the doubt in appeal cases. A recent article by Seth Jaffe in Law and Environment.com demo