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Construction Risk Management: Ten Issues in Construction Contracts

By James P. Bobotek, Pillsbury Winthrop Shaw Pittman In the world of construction, whether you are a lender, owner, contractor, or subcontractor, your success hinges largely on risk management. While there is no substitute for sound business and construction practices (such as proper preconstruction...

Is that Covered? Insurance and Indemnity Clauses

By Michael R. Kelley Many contracts contain clauses requiring parties to carry insurance and to agree to indemnify one party or another in the event of a lawsuit. Such language is typical in lease agreements, distribution contracts, and construction deals, to name a few. But, what does this language...

Insured Not Entitled to Coverage for Third Party Loss Where Indemnity Policy’s Coverage Grants Require “Direct Loss”

In Taylor v. Fed. Ins. Co. , the court held that the insured, an accounting firm that performed business management services, account oversight and tax planning, could not show it was entitled to coverage because the losses of client funds did not qualify as “direct losses.” A client of...