Construction Insurance Defense

Primary Practice Contact: Scott C. Powers

Our construction law attorneys have the necessary experience to guide clients through all types of construction claim disputes.

Significant construction projects require a broad range of customized insurance to provide coverage for risks involving material, natural tragedies and other disasters, performance, and worker injuries.  To protect against these and other risks, owners and contractors often obtain insurance for liability, builder’s risk, performance bond, hold harmless agreements, bid bond surety and flood insurance.  We help owners, construction companies, and other construction industry participants in connection with obtaining coverage and represent them when insurance implicating disputes arise.

Dispute Representation

We frequently defend owners, contractors, subcontractors, government agencies, lenders – and their insurers – against alleged breaches and other related matters.

We have the skills and experience necessary to guide clients through all types of construction claim disputes, including representation in mediation, arbitration, and litigation. When litigation becomes necessary, our experienced trial lawyers provide a vigorous defense in court.

Representation in Bond, Surety, and Other Matters

We regularly represent most leading bond sureties.  Since 1994, we have been an annual co-sponsor of the annual Western States Surety Conference.

We defend performance bond claims on construction defaults; negotiate with owners, completion contractors, subcontractors, and defaulting principals; prepare and enforce take-over or completions agreements and all collateral documents; assist in payment bond claims, bankruptcy claims, and work-out agreements; and pursue and enforcement of indemnity rights, subrogation, salvage, and related third-part recovery claims.

Defending Builders from Alleged Design and Construction Defects

In some cases after a construction project is complete, builders must be defended from additional claims such as alleged design and construction defects.  This defense can be complex, particularly in the State of Utah, where courts vary in their decisions regarding whether construction defects qualify as “accidents” covered by commercial general liability insurance policies.  We follow this and all construction law related issues very closely.

As part of our analysis and defense of alleged design and construction defect claims, we maintain close relationships with premier experts who can advise on various aspects of a case, and who can be deposed and testify at trial on behalf of our clients.

Proactive Counsel

We help clients avoid unnecessary litigation and complications by proactively addressing common contract, employment, pre-construction, and other issues. Addressing these issues in advance, and providing mechanisms to complete contractual gaps that might otherwise exist, helps clarify responsibilities of each party should issues arise.

Let our Construction Insurance Defense Attorneys Help You

Our construction insurance defense lawyers are ready to help.  For more information contact Scott C. Powers or another member of our team.

Practice Contacts

Scott C. Powers

Steven W. Beckstrom

Erik R. Hamblin

David W. Slaughter

Robert W. Thompson