In negotiating construction contracts, the parties may ignore or give little attention to the project’s insurance requirements. Insurance provisions are oftentimes left untouched on the standard industry forms. One typically misunderstood type of project insurance is builders’ risk, also sometimes referred to as an “all risk” policy, or BRI. Builders’ risk insurance is a property
Defect litigation
Arbitrators Have Inherent Authority To Award Punitive Damages
In RV V Lockworks, LLC v. Five Yale & Towne, LLC, 2016 Conn. Super. LEXIS 563 (Conn. Super. Ct. Mar. 16, 2016) an arbitrator awarded punitive damages to the purchaser of a newly-constructed 300-unit apartment complex when it was discovered that the seller had intentionally concealed knowledge of the fact that all 300 balconies…
Judges Imposing Personal Liability on Scofflaws
As the recession recedes, courts are busy sifting through the remnants of construction projects that were impacted by the hard times we all faced. Shady deals and disreputable conduct often come to light in times like this, and can present opportunities for judges to hold bad actors personally accountable for unscrupulous behavior, under the right circumstances. Two recent cases in Connecticut illustrate how the creation of business entities don’t always shield their owners from liability for egregious conduct.
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Additional Insureds Beware: A Certificate of Insurance Does Not Guaranty Coverage
This is the first in a 2-part series on the use of certificates of insurance as evidence of liability coverage for contractors on construction projects. The second part of the series will discuss the potential impact of recent Connecticut legislation governing certificates of insurance.
It is common practice on construction projects for owners, general contractors…
Connecticut Legislature Introduces Bill that Would Subject the State to a Statute of Limitations in Claims Against Design Professionals
The Connecticut Legislature recently introduced a bill that would subject the State to a ten year statute of repose for claims against design professionals for defective design and/or administration of construction projects.
The proposed bill is in response to the Connecticut Supreme Court’s decision in the case of State of Connecticut v. Lombardo Brothers Mason…
Connecticut Supreme Court Determines that Commercial General Liability Insurers Have Right to Obtain Declaratory Ruling as to Responsibility of Other Insurers to Pay Pro Rata Share of Insured’s Defense Costs
Many construction professionals in Connecticut, and in particular those who do business with the State, are well aware of the Connecticut Supreme Court’s decision in State v. Lombardo Bros. Mason Contractors, Inc., 307 Conn. 412, 420-21, 54 A.3d 1005 (2012). The Court in Lombardo Bros. held that statutes precluding a private party from pursing…