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Article 4 out 2022
Inflation within construction
The construction industry is facing an unprecedented myriad of issues regarding inflation which has caused a log-jam between contractors and employers on costs for new and existing projects.
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Report 13 jul 2022
Rewriting the risk: Addressing the challenge of climate change
Our latest global report finds that the insurance industry has a central role in building wider understanding about climate-related risks and in mitigating against those risks.
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Article 7 jul 2022
Spotlight on LATAM: construction sector embraces opportunities for technology, innovation and surety post-pandemic
COVID-19 brought new opportunities for technology and innovation and a heightened awareness of ESG (environmental, social and governance) to the LATAM construction sector. We reflect on how this will impact the treatment of sureties in the region and the implications to insurers and construction professionals.
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Article 7 jun 2022
Co-insurances defences in construction claims: what are they and how do they arise?
It has become common practice in the construction industry for the parties involved in a project to provide for specified loss or damage to be covered by insurance for their mutual benefit, whether caused by one party’s fault or not.
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Article 26 abr 2022
New appellate perspectives on EIFS exclusions and mixed claims under insurance law
Insurance coverage attorneys often face challenges when seeking to enforce policy exclusions on their clients’ behalf. To that end, New York appellate courts have ruled on certain policy exclusions so often that their enforcement is akin to legal doctrine; yet, some exclusions remain virtually untouched by the higher courts, leaving the respective lawyers for policyholders and insurers alike to battle ardently over the meaning of what are otherwise clear, plain terms.
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Report 31 mar 2022
2022 construction forecast: trends and future risks
In this report, Kennedys experts highlight some key legal and regulatory developments and provide an overview of the business critical topics that the construction sector and insurers should consider as they plan for operational resilience in 2022 and beyond.
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Article 15 mar 2022
Oman sustainability: constructing a greener perspective?
This week (13-17 March 2022) has been designated in the Sultanate as ‘Oman Sustainability Week’. OSW is a national platform highlighting Oman’s commitment to sustainability leadership through innovative strategies aligned with the UN Sustainable Development Goals and to elevate Oman as a new model for sustainable development.
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Article 17 jan 2022
Developers to bear the brunt of ‘building safety crisis’
Michael Gove has become the latest housing secretary to make promises in respect of building safety in the wake of the Grenfell Tower tragedy. Specifically, under an ominous banner declaring “developers must pay”, Gove promised that leaseholders will not be required to meet the costs of cladding removal. While this is a positive development, there is currently little firm detail as to how it will be achieved.
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Article 8 out 2021
Third party liability requirement for subrogated recovery actions under Spanish law
Recovery actions are available for insurers, under Spanish law, after payment of indemnity arising from a covered loss. Subrogated recovery actions are frequently before the Spanish courts. This is because the scope of liability between a contractor and subcontractor is not always easy to identify, especially in construction projects where different companies work together.
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Article 29 jul 2021
Construction Brief: latest decisions July 2021
This update includes a roundup of recent court decisions dealing with liquidated damages, a classic residential property dispute, late service of a claim form, overstated losses in a claim for defects, and another example of adjudication enforcement where natural justice and jurisdiction issues are at play.