Publication provides risk management insights to construction sector
By Adam Freill
Construction Law Risk ManagementCanadian lawyers Bruce Reynolds and Sharon Vogel have released their second edition of A Guide to Canadian Construction Insurance Law.
Taking aim at sharing new and important developments in construction law, Bruce Reynolds and Sharon Vogel recently released the second edition of their A Guide to Canadian Construction Insurance Law, published by Thomson Reuters. The authors are named partners at Singleton Urquhart Reynolds Vogel LLP, a highly regarded firm with considerable experience and expertise in construction and infrastructure, insurance, commercial litigation, real estate and business law.
(Image courtesy of Singleton Urquhart Reynolds Vogel LLP)
Since the first edition was published in 2013, the book has become a key risk management tool for participants in the Canadian construction industry as well as lawyers, as it provides a comprehensive review of the many types of insurance products applicable to Canadian construction projects while summarizing relevant case law. Written in plain language, the information provided is based on the authors’ extensive experience in navigating construction insurance.
“Construction projects are complex undertakings, years in length, and involving multiple parties. Insurance is crucial to risk management on such projects, but not every industry participant has the luxury of being an expert in construction insurance,” said Reynolds. “That is the principal reason we wrote the guide: so senior business people, insurers, brokers, owners, contractors, engineers, architects, and lawyers who are not insurance law experts could have a starting point when dealing with the inevitable insurance issues that arise over the course of a construction project.”
Among the key insurance policies critical to any construction project, the publication discusses such topics as builder’s risk policies, commercial general liability policies, professional liability policies, boiler and machinery policies, contractor’s equipment policies, pollution insurance, and bonds and default insurance.
The new edition provides readers with a thorough analysis of updated case law, including the Supreme Court of Canada’s watershed decision in Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co., as well as a host of decisions from courts of appeal across Canada.
“Since the first edition came out almost a decade ago, there have been a number of significant developments in Canadian caselaw relating to insurance policies, including construction insurance cases,” explained Vogel. “We felt it was time to do a comprehensive analysis of the effect of this case law and incorporate it into the guide. Significant cases like the Supreme Court of Canada’s decision interpreting key provisions of a builder’s risk policy in Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co. merited a thorough review in the guide to bring it up to date and ensure that it is still a useful tool for those participating in the construction industry at all levels.”
The newest edition of the book features significant updates to the commentary, including most notably in sections covering conditions and warranties, subrogation, policy interpretation, builders’ risk policies, the resultant damage exception, the relationship between CGL coverage and builders’ risk coverage, pollution insurance, coverage for additional insureds, and relief from forfeiture. Also included are new sections featuring discussions about reasonable expectations of the parties and the priority of concurrent policies. Additional information is available at the legal firm’s website.
