As construction defect and property damage disputes continue to grow in complexity, contractors face increasing challenges in securing coverage under Commercial General Liability (CGL) and Builders Risk (BR) policies. Read the latest posting on AGC’s Reports & Hot Topic Papers page, Times Are Tough Now, Just Getting Tougher: Will CGL and Builders Risk Cover Me?, produced by attorney Pat Wielinski at Cokinos Young, and presented by his partners Travis Brown and Robbie MacPherson, as well as Steven A. Coombs, CPCU, ARM, AIC, that explores key legal and market shifts affecting insurance claims related to property damage, construction defects, and risk allocation. The paper highlights recent court decisions, including a significant Illinois Supreme Court ruling that broadens CGL coverage for construction defects, contrasting with Massachusetts’ restrictive stance. Additionally, it examines evolving case law on Builders Risk policies, particularly concerning “LEG” exclusions.
For contractors navigating these uncertainties, understanding how courts interpret CGL and BR policy provisions is critical to maximizing coverage and minimizing risk exposure. The paper provides valuable insights into policy exclusions, controlled insurance programs (wrap-ups), and strategies to avoid gaps in coverage. As insurance markets tighten and litigation trends evolve, industry risk professionals must stay informed to ensure adequate protection for their projects. To see AGC’s entire collection of hot topic (substantive research) papers on top business challenges facing today’s construction firms, as presented by leading experts at recent AGC Surety Bonding and Construction Risk Management meetings, visit AGC’s risk management website.