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There Really Is a Limit to the Reach of Injured Worker Claims

It sometimes seems that any serious injured worker claim turns into a lawsuit against all the “usual suspects” other than the worker’s employer. And those other companies must then defend themselves, on occasion from a claim that can’t be supported on the facts. A New York appellate court recently made short shrift of such a…
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Terminating a Contract? Dot the i’s and Cross the t’s!

From a Connecticut trial court comes a reminder to follow the contract process when terminating a contract. Failure to do so could constitute a breach by the one issuing the termination letter. A sub and general contractor had many changes, claims and disputes on a complex hospital project. Semac, the sub, had overbilled for its…
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When Will We Learn? Contracts Do Not Modify Insurance Policies

A subcontract required the second-tier sub to include the project owner and general contractor as additional insured parties. But the second-tier sub’s insurance policy had a “privity endorsement,” which allows additional insured status only for those in privity with the insured party, i.e., the first-tier sub. When an injured worker sued the owner, GC and…
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Change Orders – Be Clear on Intent

Just as clarity in contracting is a virtue, clarity with change orders is a must. Witness the dispute in an Ohio case, when the original and incorrect prevailing wage reference was revised via change order. The project was for renovation of housing units, funded by HUD. The contract incorrectly called for Ohio prevailing wage rates.…
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