The recent case of Ewing Constr. Co. v. Amerisure Ins. Co., 2012 U.S. App. Lexis 12154 (5th Cir. June 15, 2012) reminds us that, without an endorsement adding back to the policy specific coverage for contractual liabilities, defect claims arising from work under a construction contract may not be covered.  In Ewing, the contractor signed a contract to build tennis courts for a school in Corpus Christi, Texas for $2 million.  Soon after completion, the courts cracked and flaked and could not be used. 

Even though the contractor was sued for breach of contract and negligence, the court found that the source of the negligence was the contract, and that the contractual liability exclusion in the policy precluded coverage.  Obtaining contractual liability coverage is a must for any contractor hoping for protection from claims that its work under contract was defective and caused property damage.  Brokers should always recommend this coverage.   

Photo of Eric Grasberger Eric Grasberger

Eric Grasberger focuses his practice on development and construction law, including development risk analysis and risk shifting, contract drafting and negotiating, insurance review and analysis, construction defect claims, delay and impact claims, lien and bond claims, and public contracts, bid disputes and public…

Eric Grasberger focuses his practice on development and construction law, including development risk analysis and risk shifting, contract drafting and negotiating, insurance review and analysis, construction defect claims, delay and impact claims, lien and bond claims, and public contracts, bid disputes and public improvement exemptions. He has represented numerous private and public owners and developers, as well as contractors, in all facets of development and construction law. Eric, a partner in Stoel Rives’ Construction and Design group, is chair of the Construction and Design group and co-chair of the firm’s Sustainable Real Estate Development Team. He was selected by Best Lawyers® as Portland Construction Law Lawyer of the Year for 2018 and 2015.

Click here for Eric Grasberger’s full bio.