CONSTRUCTION
GOVERNMENT CONTRACTS
INFRASTRUCTURE
PUBLIC-PRIVATE PARTNERSHIPS
1
Construction Industry News
SPRING/SUMMER 2014
CGL Insurance – Does Your Insurance Cover Construction Defects?
WILLIAMSMULL EN.COM | DC | VA | NC
2| CONSTRUCTI ON LAW
Y es, that is me looking for
feedback from you on our
newslet ter and monthly
construction ale rts.
Send your comments to Bob Cox
at bcox@williamsmullen.com and let
me know your thoughts on the topics,
format, print copy versus e-mail,
whatever you consider important. Our
goal is to make our communications
the most useful to you.
As for the newsletter at hand, we
have a good mix. The rst article on
CGL Insurance and Coverage for Work
Defects is a downsized ver sion of
the full article rst published in the
American Bar Ass ociation’s “Construct”
newsletter this past Fe bruary. Hal
Johnson, Alex Burnett and Katie
Temple co-authored this article.
John Burns wrote our second article
on the statute of repose and how
some states’ statutes limiting the
time to bring a lawsuit may have a
loophole for arbitration proceedings.
Steve Test authored our third article,
"Contract Quicksand", on common
contract clauses that oftentimes get
short review before contrac t signing,
but afterwards can sink your boat.
Will Wozniak’s article looks at the
pressures and counter pressures on
federal government contractors who
think the contracting ofcer’s actions
go beyond business disagreement s.
Continuing with the federal
government contractor theme, I
wrote about the disconnect among
the federal government’s statutes,
regulations and policies to encourage
and enforce ethical conduct in federal
government contracting. I thought
about titling the article “No Good
Deed Goes Unpunished”.
There you have it. Send me your
comments or I will keep the same
picture in for the next issue.
W ELCOME
Robert K. Cox
INSIDE
CGL INSURANCE & DEFECTS ...4
Does Your Insurance Cover
Construction Defects?
NO SURE THING .................. 10
Does Your Arbitration Agreement
Inadvertently Expose You To
Liability For An Unlimited Time?
CONTRACT QUICKSAND ...... 12
Understanding Common Contract
Provisions That Will Impact
Your Business.
THE NUCLEAR OPTION ........ 14
Allegations of Bad Faith Against the
Government in the Claims Process.
FEDERAL CONTRACTORS .... 18
Federal Government Contractors
on the Horns of A Dilemma – The
Mandatory Disclosure Rule, The
FAR And The False Claims Act