SDV Insights

A bill that would amend the the wage and hour requirements of the New York Labor Law was recently passed by the New York State Legislature and is expected to be signed by Governor Cuomo. Bill Number S2766C (the "Bill") is intended to protect construction workers against wage theft.

Recently, Theresa A. Guertin published a chapter in the 2021 Construction Law Update. This chapter provides an overview of indemnification agreements, the critical lines of insurance coverage most commonly purchased by construction industry players (builder's risk, commercial general liability (CGL), excess/umbrella, automobile liability, and workers' compensation), and some significant issues associated with each line of coverage.

The high-profile cyberattack on Colonial Pipeline Company is a poignant reminder of the new and ever-evolving risks corporate policyholders face. In addition to the risk of loss or damage from conventional causes, such as physical damage to property and equipment, companies must also contemplate their exposure to losses involving electronic transactions and electronically stored information.

ISO commercial general liability ("CGL") policies use the term "products-completed operations hazard" ("PCOH") to define a category of risk which is treated specially by certain exclusions within the policy and often subject to separate limits of insurance. In construction, we think about PCOH as being about coverage for completed work.

In Berkley Assurance Company v. Hunt Construction Group, Inc., 465 F.Supp.3d 370 (S.D.N.Y., 2020), professional liability insurer Berkley sued its insured, Hunt, a construction management firm, seeking a declaration that it did not owe Hunt a duty to defend and indemnify against breach of contract claims. The United States District Court for the Southern District of New York granted Berkley's motion for summary judgment and denied Hunt's motion for partial summary judgment.

David G. Jordan and Samantha M. Oliveira are regular contributors to the Construction Law Handbook, Chapter 17.

Contract exclusions are common fixtures in directors and officers liability policies; however, they can be broadly interpreted to eliminate valuable coverage. The purpose of this Practice Note is to assist policyholders in identifying whether their policies contain a contract exclusion and providing them practical recommendations to assist in negotiating more favorable language in their policies.

In a significant victory for policyholders, the Northern District of Illinois has found a duty to defend under a commercial general liability ("CGL") policy for damages related to COVID-19. In reaching this decision, the court made several significant findings regarding the scope and interpretation of "damages," "because of," and "bodily injury" in the context of general liability coverage.

After suffering historically destructive fires in 2018, California endured five of the six largest fires in state history in 2020. Nearly 10,000 fires burned over 4.2 million acres--making 2020 the most significant California wildfire season on record

Under current New York law, contractors and design professionals have exposure to bodily injury and property damage claims resulting from construction defects for a potentially unlimited number of years after completion of a project. New York is considering legislation, which, if enacted, would create a statute of repose limiting the number of years after completion of construction that legal action may be asserted against a contractor.