LexisNexis® Legal Newsroom
Sweet Defective-Home Alabama: Supreme Court Addresses The “Occurrence” Issue

"Sub-Contractor" Exception Applies - But Not To A Sub-Contractor's Own Work Randy J. Maniloff, White and Williams, LLP Last month I was in Las Vegas where I had the privilege of speaking at the CPCU Society's Annual Meeting (and paying $9 for a Diet Coke at a restaurant - Really...

Comfort and Joy: Glad Tidings from Delaware Appeals Court on Contractor Issue

In my post of 2/25/11 , I reported on Reuben Cordero v. Gulfstream Development Corp. and Delaware Siding Company , IAB# 1357959 & 1357671 (2/10/11) (Order). The issue was whether the Delaware contractors statute ( 19 Del. Code Section 2311 ) imposed a continuing obligation on contracting entities...

Workers' Comp Fraud Blotter (6/21/2012) – This Friendly Bar Might Be Toby Keith’s Kind of Place

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud Blotter...

Comfort & Joy, Part II: DE Supreme Court Delivers Gift in Section 2311 Contractor Case

I heard from Bob Richter, as well as John Ellis, on Thanksgiving Eve, and you have them to thank for today's post. As Bob succinctly offers: Cassandra, The Supreme Court affirmed. I am delighted. Happy Thanksgiving. The issue: For this to make sense, you might want to revisit my posts...

Comfort & Joy, Part II: DE Supreme Court Delivers Gift in Section 2311 Contractor Case

I heard from Bob Richter, as well as John Ellis, on Thanksgiving Eve, and you have them to thank for today's post. As Bob succinctly offers: Cassandra, The Supreme Court affirmed. I am delighted. Happy Thanksgiving. The issue: For this to make sense, you might want to revisit my posts of 2...

Sweet Caroline’s Excellent Adventure…..and a Lack of Due Diligence in Delaware as It Relates to Section 2311 Liability

I heard from Fred Freibott last evening with a recent case involving Section 2311 contractor liability. Since friends don't let friends remain ignorant of the law as to Section 2311, I thought I owed y'all a post. The case is Gregory Otter v. Green-Light Solutions, LLC, East Wind Enterprises...

Vandeventer Black LLP: Court Questions Teaming Agreement

Authored by attorney Mike Sterling In W.J. Schafer Associates, Inc. v. Cordant, Inc. , 493 S.E. 2d 514 (Va. 1997) [ version available to lexis.com subscribers ], the court held a teaming agreement was unenforceable on the ground that “agreements to agree in the future” are “too vague...

Ten Most Significant Insurance Coverage Decisions Of 2013 – Almost Heaven For Policyholders: West Virginia High Court Overrules Four Prior Decisions And Holds That Faulty Workmanship Is An “Occurrence” [And Two Others Do The Same]

Ordinarily I would not include in the annual insurance hit-parade a case addressing the beat-to-death issue whether faulty workmanship qualifies as an “occurrence” under a commercial general liability policy. There are simply too many cases addressing the issue so any single new one, even...

Ten Most Significant Insurance Coverage Decisions Of 2013 – Eleventh Circuit Limits Construction Site Bodily Injury Exposure (Without Using An Endorsement)

Insurers have been taking various steps to attempt to limit their exposure for bodily injury claims on construction sites (not to mention for property damage). One way has been to amend the employer’s liability exclusion to preclude coverage for employees of “any insured” as opposed...

Defective Construction Claims: Where Breach of Warranty and Covered Occurrences Merge or Divide

By Jill Berkeley , Partner, Neal, Gerber & Eisenberg LLP On March 21, 2014, Jill B. Berkeley presented at the American College of Coverage and Extracontractual Counsel's (ACCEC) 2014 Insurance Law Symposium, held on the campus of the University of Mississippi. The ACCEC brought together...

Disclosure of Investigation Documents Granted for Qui Tam Realtor

My law partner Mike Sterling forwarded this summary of a recent qui tam movant's motion to compel contractors to produce documents relating to their codes of business conduct investigations. It's an important issue for any government contractor. Here's Mike's summary: Recently, the...

Newly-Published Regional Steel Case Raises More Questions Than It Answers

California’s Second Appellate District has affirmed a summary ruling that a Commercial General Liability insurer did not have a duty to defend a subcontractor who supplied faulty “seismic tie hooks” that were encased in concrete shear walls. The case is Regional Steel Corporation v...

Additional Insured Certificates: What Do They Mean?

By James R. Harvey , Partner, Vandeventer Black LLP Shifting the significant risk of loss is a basic part of construction contracting. Contractors are familiar with requirements to provide proof of insurance and to name the owner, architect and general contractor as an additional insured on the commercial...

Federal: Court Forced to Choose Between Conflicting State Versions of Exclusive Remedy Rule

Noting that a federal court sitting in diversity must apply the choice-of-law rules of the state in which it sits—here that of Mississippi—a federal district court held that an injured employee of a subcontractor could not sue the general contractor on a construction project for alleged negligence...

Federal: 4th Circuit Applies Virginia Law to Bar Construction Worker’s Action Against Subcontractor

Citing Garcia v. Pittsylvania County Service Authority , 845 F.2d 465 (4th Cir. 1988), the Fourth Circuit Court of Appeals affirmed a federal district court’s dismissal, on exclusive remedy grounds, of a negligence action filed by a North Carolina construction superintendent against one of his...

North Carolina “Little Miller” Payment Bonds: The Short Summary©

By Neil Lowenstein , Attorney, Vandeventer Black LLP [1] Like many states, North Carolina has “Little Miller” code provisions intended for the protection of those that furnish labor or materials for North Carolina public projects since those persons cannot claim claims of lien against...

Legislative Update: Bill Introduced in the Pennsylvania House of Representatives to Amend the Contractor and Subcontractor Payment Act

By Jim Miller House Bill 726 (the “Bill” or “HB 726”), [ enhanced version available to lexis.com subscribers ], seeks to make several amendments to the Pennsylvania Contractor and Subcontractor Payment Act, 73 P.S. § 501 et seq. (the “Act”), [ enhanced version...

Payment Bond Claim Notice Requires More than Mailing

It’s been a while since I posted something new relating to Virginia’s “ Little Miller Act ” and its various notice requirements for a subcontractor to make a payment bond claim . I have posted on the basics of a Virginia payment bond claim previously here at Musings. One of...

When Is Mandatory Arbitration Not Mandatory?

I have discussed my views on mandatory mediation in construction contracts at other places here at Musings and also discussed how the contract is king here in Virginia . A recent Charlottesville, Virginia Circuit Court case, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis...

Mississippi: General Contractor Waives Exclusive Remedy Defense by Waiting 26 Months Before Filing Summary Judgment Motion

The Supreme Court of Mississippi held that a general contractor waived its right to utilize the exclusive remedy defense where it was sued by the survivors of a worker employed by a subcontractor and for 26 months, it actively participated in litigating the merits of the case by joining various motions...

Pennsylvania: Restaurant Franchisor Not Responsible for Comp Benefits of Uninsured Franchisee’s Injured Worker

As is the situation in many other states, where a Pennsylvania firm subcontracts a regular or recurrent part of its business to another, the firm is liable for workers’ compensation benefits to the subcontractor’s employees if that subcontractor is uninsured [see 77 Pa. Cons. Stat. §...

Unique Look at One of the Newest Aspects of Construction Defect Coverage (And a Broker Warning)

If you do construction defect coverage work, then you’ve definitely seen an endorsement, on a general liability policy, that is along the lines of this (but with more detail): If liability arises out of the insured’s use of a sub-contractor, no coverage is owed to the insured if the sub-contractor...

California Workers' Compensation Case Roundup (1/2/2016)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 12 December 2015 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2016 LexisNexis. All rights...

Federal: Issue of Fact Regarding Control Means Tort Action May Proceed Against General Contractor

Where a subcontractor’s worker sustained serious injuries when he attempted to use a grinder—owned by the project’s contactor and which did not have a required safety guard—and where there was a conflict in the evidence as to whether the injured worker was subject to the direct...

California Workers' Comp Case Roundup (7/6/2017)

CALIFORNIA COMPENSATION CASES Vol. 82 No. 6 June 2017 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2017 LexisNexis. All rights...