Insurance and Bonding

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Managing the risks inherent in construction projects involves many considerations. From offices across the country, our construction attorneys advise national, regional, and local clients throughout the United States concerning all available risk management tools.  Because insurance and bonds are key components, our attorneys routinely consider insurance and bonding issues, indemnity, and available alternatives when negotiating construction industry contracts, addressing mid-project disputes, and asserting and responding to construction claims.

Insurance considerations range from typical builders’ risk and general liability coverage issues, such as deductibles and self-insured retention, to the more esoteric Owner Controlled Insurance Programs (OCIP) and Contractor Controlled Insurance Programs (CCIP)  that can provide specialty coverage for large projects.  In some cases, project policies increase the likelihood that proceeds will be available in the event of a claim.  We work regularly with construction industry insurance professionals to establish appropriate insurance profiles for our clients on projects as varied as industrial complexes, commercial buildings, multi-million dollar private residences, luxury condominiums, and mixed-use developments.

We also have demonstrated proficiency in the realm of bid, performance, and payment bonds. Our attorneys counsel owners and contractors on both local public bonding requirements as well as the advantages and disadvantages of the use of bonds on private projects. Having represented all participants in the construction process, our experience includes bond claims and negotiating and dealing with sureties.

Our attorneys are well versed in asserting and responding to claims under both liability and property insurance policies, as well as on payment and performance bonds.  In addition to evaluating and tendering claims, we have extensive experience in evaluating coverage and potential coverage defenses.

Our Core Insurance and Bonding Services Include:

  • Risk Management Analysis and Support

  • Contract Review and Preparation

  • Insurance Coverage Evaluation

  • Bond Requirements

  • Claim Investigation and Prosecution

  • Negotiation and Dispute Resolution

Representative Matters

Successfully represented general contractor in connection with a dispute with surety arising from the design and erection of a tensile roof structure.

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

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

Assisted national general contractor in analysis of coverages provided under a Contractor Controlled Insurance Program.  Provisions identified and changed to improve coverage and reduce premium cost.

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

Successfully negotiated multiple multi-million dollar bond payment agreements on behalf of a municipality with its surety; then successfully pursued a bad faith claim on an additional bond against the same surety.

Obtained full recovery on a completion bond for a municipality after developer went bankrupt.

Representation of a community college district in pursuing claims and negotiating takeover agreements with surety on three major construction projects after contractor default.

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

Representation of a community college district in obtaining settlement of claims against architect, contractor and multiple subcontractors to recover the costs of replacing a library and multi-use building condemned before opening.

Representation of multiple developers in structuring and negotiating appropriate insurance provisions in construction agreements, including Owner Controlled Insurance Programs, indemnity provision, and necessary insurance 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.

Developed and helped clients implement a “hybrid” method of contractually addressing the oft-raised issue of deductibles and self-retained limits in connection with builders’ risk coverage.

 


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