Articles & Resources

• 3/14/2014

  Insurer's Duty to Defend Contractor Expanded

  Author: Theodore A. Adler  |  Topics: Construction Law and Civil Litigation  |  Comments (9) Posted by

  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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• 5/21/2010

  Indemnification

  Author: Theodore A. Adler  |  Topics: Construction Law and Civil Litigation  |  Comments (335) Posted by

  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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• 7/30/2009

  No Damages for Delay Clauses: An Update

  Author: Theodore A. Adler  |  Topics: Construction Law and Civil Litigation  |  Comments (51) Posted by

  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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