Property and Other Project Insurance
Our attorneys have experience in dealing with the often complicated insurance issues that arise in conjunction with development and construction projects. We have the practical and legal background to deal effectively with the sometimes conflicting interplay between contractual insurance requirements and the insurance that is actually obtained (or that should have been obtained) by the various project participants.
Insurance issues we frequently deal with include:
- Compliance with the AIA and other form contract provisions relating to insurance.
- Developing and/or interpreting additional insurance requirements.
- Interpreting the practical effect of indemnity clauses, warranties, waivers of consequential damages, limitations of liability and waivers of subrogation.
- Determining which construction project participant’s insurance should be “primary.”
- Handling insurance company breaches of the duty to defend their insureds.
- Handling insureds' claims of insurer and adjuster conflicts of interest.
- Interpreting the obligations of sureties.
- Working with design professional's insurance carriers in negotiating and developing contracts and risk management training.
We are experienced in dealing with the types of insurance and coverages that arise most frequently in the context of development and construction projects and construction defects.
These include policies and coverages such as:
- Commercial general liability.
- Excess and umbrella.
- Products/completed operations.
- Special coverage purchased for specific projects.
- Professional liability and errors and omissions.
- Pollution legal liability.
- Builders risk.
- Project “wrap” insurance.