I Don't Wanna Be Sued What Can I Do?
1. Smart contracting… don't sign your life away !
  • Read them and understand the importance of what you are signing…your business depends on it
2. Document, document and document some more !
  • There can never be too many photographs and writings in your job file. An ounce of prevention is worth a pound of cure
3. Work closely with your insurance broker
  • Understand what you are insured for and, more importantly, what insurance won't cover and govern your practices accordingly
I'm Sued! What Do I Do?
1. Notify insurance carriers.
  • All carriers who insured you from the date of your construction subcontract to the date the lawsuit was filed.
  • How?
 
  • Compile insurance history.
  • "Tender" letter(s).
   
  • Make sure letter has proper "persuasive" language.
  • We can do a letter for you to ensure maximum effect.
2. Follow-up with insurance carriers early and often to make sure they are protecting you.
  • Huge unorganized companies with overworked people - you can fall through the "cracks".
  • Do not let up until they confirm in writing that they have retained us or another lawyer to defend you - "force their hand".
  • Requires SUBSTANTIAL follow-up - be persistent.
  • We can do it for you.
3. Once lawyer is retained on your behalf, demand to meet with him/her immediately.
  • Discuss case and demand to be kept advised of status.
  • Demand to discuss any settlement proposals before agreed to.
  • Assess if this lawyer is protecting your interests.
4. Monitor case from beginning to end or have us monitor it for you.
  • Why?
 
  • Deductibles
  • Effect of settlements/legal fees on your subsequent years of insurance premiums and insurability.
  • Must protect aggregate limits.
  • Only so much insurance.