by Kent Holland | Feb 20, 2018 | Newsletter Article
Where a subcontractor failed to conduct soil-compaction testing before construction, the house that was built on non-compacted soil sustained settlement damage. The homeowners sued both the general contractor (GC) and subcontractor for damages. The GC tendered the...
by Kent Holland | Jun 1, 2017 | Newsletter Article, professional liability exclusion
Sparks from a cutting torch being used to remove bolts from a wastewater digester tank ignited a methane gas explosion that killed an employee of a construction subcontractor and injured an employee of another subcontractor. Both subcontractor’s were required by their...
by Kent Holland | Dec 7, 2015 | Newsletter Article
Gail S. Kelley, P.E., J.D. ConstructionRisk, LLC After discovering various defects in their home, the homeowners filed suit against their builder. The builder’s insurance company declined to defend the action (“the underlying action”) on behalf of builder, alleging...
by Kent Holland | Feb 23, 2015 | Newsletter Article
By: J. Kent Holland, Jr., Esq., ConstructionRisk Counsel, PLLC A federal appeals court vacated a district court ruling and found that the pollution exclusion in a commercial general liability (CGL) policy precluded a contractor from seeking defense and indemnification...
by Kent Holland | Jan 14, 2015 | Newsletter Article
A subcontractor’s CGL policy was held not to cover costs for removing and replacing a brick wall due to defective installation of joint tape that had been used by the subcontractor to seal the blue board insulation before constructing the brick wall....
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