The ENR print edition of 10/12/15 included an article Law & Risk Mitigation IIwhich touches upon several of the issues raised in this blog. One key point in our posts on Law relates to control – authority and responsibility are linked – and perhaps no matter what the contract documents may say to the contrary.
Key phrases that are included in many construction contracts, such as “Additional Insured” and “Notification Requirements,” can be maddening if not fully understood.
The effectiveness of contractual risk transfer is more strained than ever. Upstream parties have attempted to toughen the insurance requirements in their construction contracts, utilizing terms that truly alter the intent of the requirement. And, which may, or may not, be insurable. Insurers are pushing back.