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  • Insurer's Duty to Defend Contractor Expanded

    In December, the Pennsylvania Superior Court decided a case that could have an impact on the coverage available to contractors under commercial general liability insurance policies.  Often, when an owner sues a contractor for faulty workmanship, a contractor’s ability to receive coverage and a defense from its insurance carrier is dependent upon whether the allegedly faulty workmanship is an “occurrence” as defined in the insurance ...

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  • Indemnification

    There is nothing, either good or bad, but thinking makes it so. –Hamlet

    The AIA Form 201 contains the following indemnification provision: “The contractor, shall indemnify and hold harmless, the owner, architect, architect’s consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including, but not limited to, attorney’s fees arising out of ...

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  • No Damages for Delay Clauses: An Update

    Contractual provisions that bar a contractor from making a claim for damages as a result of delays are routine. Virtually every construction contract contains some form of a “no damage for delay” clause. Although these clauses are generally enforceable, there have been a number of recognized exceptions. These include delays caused by (a) active interference; (b) failure to act in ...

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Harrisburg Magazine Readers' Choice 2011