Exec: Insurance demand strong as construction industry grows | How courts decide if CGL policies cover "get-to," "rip-and-tear" expenses | Safety should not be an afterthought
May 18, 2017
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Surety & Insurance Market Trends
Exec: Insurance demand strong as construction industry grows
Construction industry growth keeping demand for insurance high
(Eric Cabanis/AFP/Getty Images)
The construction sector is forecast to experience growth of about 5% this year, which would sustain robust demand for insurance, an executive says. The growth is prompting broader coverage options and lower prices, the executive says.
Insurance Business America online (5/11) 
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How courts decide if CGL policies cover "get-to," "rip-and-tear" expenses
Courts generally look for property damage within a CGL policy's scope and determine whether an occurrence caused the damage when deciding whether "get-to" or "rip-and-tear" expenses are covered under the CGL policy, writes Meredith Risati. In addition, courts will tend to evaluate whether an exclusion is present that could bar coverage under the policy.
The National Law Review/Steptoe & Johnson (5/12) 
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Insuring Construction's Complex Risks
Construction is an increasingly complex sector to insure, given the changing nature of the work. Gary Kaplan, president of XL Catlin's North America Construction insurance business, looks at industry changes that add risk management concerns to the construction industry's risk profile. Read moreā€¦
On the Radar Screen
Safety should not be an afterthought
For a workplace to embrace safety as a culture rather than a technicality, organizations must adapt a safety mindset at all levels, writes Mark Ward of UL EHS Sustainability. A four-part approach incorporating management buy-in, compliance, risk management and governance will most reliably help build a safety culture.
EHS Today (5/15) 
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Report: Fatal construction falls increase 36%
Construction worker fatalities related to falls jumped by 36% between 2011 and 2015, the Center for Construction Research and Training says in a new report. "The findings in this report emphasize the need to reduce falls and the importance of the ongoing National Fall Prevention campaign," the center said, noting that 367 workers died in falls during 2015.
Safety + Health magazine online (5/10) 
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Protocols & Procedures
Contractors must not allow unfair payment terms
Contractors are often partially responsible for the late payments they receive because of one-sided contract terms that "provide designers and owners unreasonable control over the payment process," writes Thomas Schleifer. "We need to make it clear that our efficiency and productivity depend on timely payment of labor, subcontracts and suppliers, and that we have no interest in investing in the project -- just building it," Schleifer writes.
Engineering News-Record (5/12) 
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Contractor management systems can improve safety at work sites
It's simpler to ensure health and safety at work sites with the use of contractor management systems, according to Anne-Sophie Tetreault, a senior expert in risk management processes at Cognibox. CMS applications can allow contractors to easily share safety information, insurance records, inspection details and incident information with other parties, said Tetreault.
Daily Commercial News (Ontario) (5/17) 
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Construction & Insurance Case Law
Court decides case over subcontractors' other insurance clauses
In Liberty Ins. Corp. v. Admiral Ins. Co., a subcontractor and its subcontractor each obtained separate CGL policies, which each carried their own other insurance clauses. In the case, the Second Circuit affirmed that the sub-subcontractor's policy carried the sole primary duty, noting that "the subcontractor's policy was primary in comparison only to the policies issued directly to the additional insureds," writes Larry Schiffer.
The National Law Review/Squire Patton Boggs (5/11) 
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Project Focus
Westinghouse works to end participation in nuclear plant contracts
Westinghouse Electric is working to end its participation in nuclear plant construction contracts in Georgia and South Carolina following its bankruptcy filing. Westinghouse is negotiating agreements with Southern Co. and Scana Corp. that would allow the utilities to take over the management of construction projects at Plant Vogtle in Georgia and V.C. Summer in South Carolina, respectively.
Pittsburgh Post-Gazette (5/16) 
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Airport P3 would block bids from other design-build teams
A proposed $1 billion public-private partnership to enhance Kansas City International Airport by constructing a single terminal has one big problem, an attorney says: It would not let other design-build teams bid on the project. That could stifle innovation, the attorney says.
The Business Journals (tiered subscription model)/Kansas City, Mo. (5/12) 
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One doesn't discover new lands without consenting to lose sight of the shore for a very long time.
Andre Gide,
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