By Bruce Jervis
A recent opinion from the South Carolina Supreme Court raised an interesting question. Can a licensed contractor shield himself from personal liability for negligent construction by doing business as a limited liability company (LLC)? Or, does the license impose an obligation on the individual that cannot be avoided by a legal structure such as an LLC?
The project owner in this case sued the LLC for breach of the construction contract. The owner also sued the lead member of the LLC, an individual who was a licensed residential builder, for negligent supervision of the trade contractors. There was no question that the contractual obligations of the LLC were the obligations of the LLC alone. The personal liability of the individual member was trickier. ... Read more.
Featured in this Week’s Construction Claims Advisor:
- Licensed Contractor Was Member of Limited Liability Company
- AIA Document Ruled Unified Bond
- Owner Denied Cost of Completion Due to Project Enhancement
By Steve Rizer
During a recent WPL Publishing webinar, Navigant Construction Forum Executive Director James Zack outlined six developing trends concerning international construction arbitration. One of those six trends is the growth of international arbitration into a market. If international arbitration has become a market, should it be regulated? If it should be regulated, in what manner should it be regulated? And, who should regulate it? Click here to read what he told a target audience of public and private owners, construction managers, contractors, subcontractors, consultants, architects, engineers, and attorneys in response to these questions.
By Scott Turner
A state Supreme Court recently ruled that property damage to a policyholder’s own work cannot qualify as an “occurrence” under that insured contractor’s commercial general liability (CGL) policy. Nationally, the courts are deeply divided on this issue, but the recent trend has shifted away from the state’s position. ... Read more.
WPL Publishing Launches Its 2013 Construction Schedule Software Survey; Preliminary Results Are In
By Paul Levin
This past Tuesday, WPL Publishing launched its first survey on construction scheduling software. It is intended to collect information about the extent to which computer-generated schedules are used in construction projects and about the software that is being used to create the schedules. The independent survey also seeks feedback on the various scheduling programs currently in use. We want to hear from professionals who have hands-on experience creating and managing the schedules as well as professionals who may be using reports and charts produced by a schedule to plan and manage projects. If you have yet to participate in the survey, please take three minutes to provide your input by clicking on the link below. If you are not actively involved in using schedules or managing construction projects, please forward this email to those in your organization who may possess such expertise, including project managers, project engineers, contract administrators, project controls personnel, planners, and, of course, schedulers.
Click here to take the survey.
With 140 responses submitted so far, we thought we would report some of the early results. Click here to read the observations that stood out from those results.