Insurance and Bonding

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The overall risk management profile for construction projects require many considerations. Dickinson Wright attorneys advise clients concerning all available risk management tools, including insurance and bonding. Our attorneys have substantial experience in addressing insurance and bonding issues as part of the negotiation of construction agreements as well as in asserting and responding to construction claims.

From the insurance perspective, these considerations can range from project specific policies to renewable commercial general liability policies. The firm works with clients to review such alternatives at project inception and to include these points as a necessary part of contract negotiation. We work extensively with construction industry insurance brokers in establishing appropriate insurance profiles for projects as varied as commercial buildings, luxury condominiums, and mixed use developments.

Our attorneys are versed in asserting claims under policies of insurance, including both liability and property claims. In addition to evaluating claims and tendering to all appropriate policies, we have extensive experience in evaluating available coverage and potential coverage defenses. The firm works extensively with national homebuilders and, by necessity, asserts claims against subcontractors and their insurers.

Dickinson Wright attorneys represent both public owners and contractors and have an intimate knowledge of bonding requirements, including bid, performance, and payment bonds. Our attorneys are knowledgeable on local public bonding requirements and the advantages and disadvantages of the use of bonds on private projects. Our extensive experience in representing all participants in the construction process includes the process of asserting bond claims of all types and varieties and in negotiating and dealing with sureties.

Representative Experience:

Representation of a general contractor in connection with dispute involving contractor and its surety arising from the design and erection of a tensile roof structure.

Representation of the owner of an urban construction project defending against delay and impact claims asserted by the general contractor and several subcontractors in connection with company’s expansion of its facilities.

Representation of a general contractor in a dispute with the owner involving an audit of substantial insurance claims on a $400,000,000 hotel project.

Representation of a national general contractor in the analysis of coverages provided by the contractor’s controlled insurance program. Certain provisions were identified that should be changed to improve the coverages provided and reduce the premium cost.

Representation of an insurance company in analysis of liability under its commercial general liability policy in relation to the collapse of a wastewater basin and the construction defect claims brought by the owner against the general contractor.

Representation of a municipality successfully negotiating several multimillion-dollar bond payment agreements with a surety; then successfully pursuing a bad faith claim on an additional bond against the same surety.

Representation of a municipality in suing, then settling for full recovery, on a completion bond after a developer went bankrupt.

Representation of a community college district in pursuing claims, then negotiating takeover agreements with the surety on three major projects after the contractor defaulted.

Negotiation of a $14 million-dollar settlement of an insurance claim by the developer of a low income apartment complex arising out of failure of PBC water pipe.

Representation of a community college district in obtaining a settlement funded by insurance of claims against the architect, contractor and multiple subcontractors to recover the costs of replacing a library and multi-use building that was condemned before it opened.

Representation of developers in structuring and negotiating appropriate insurance provisions in construction agreements, including owner controlled insurance programs, indemnity provision, and necessary coverages and limits.

Representation of national homebuilder in tendering and obtaining coverage from subcontractors for alleged defective construction in numerous mass actions brought by homeowners.

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