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Construction Defect

638 published works

  1. Insurance Law Hawaii

    Contractor Owed a Defense

    By Tred R. Eyerly

        The Illinois Appellate Court reversed the lower court and found that the insured contractor was entitled to a defense for alleged construction defects. Acuity v. M/I Homes of…

  2. Florida Construction Legal Updates

    SUBSEQUENT PURCHASER CAN ASSERT CLAIMS FOR CONSTRUCTION DEFECTS

    By David Adelstein

    Can a subsequent purchaser pursue construction defect claims relating to the original construction of the property?  This was the threshold issue on a motion for summary judgment by a drywall…

  3. Zalma on Insurance

    Duty to Defend is Exceptionally Broad

    By Barry Zalma

    The Eight Corners Rule Strikes Again See the full video at https://rumble.com/v1ky7jz-duty-to-defend-is-exceptionally-broad.html and at https://youtu.be/_VHsHeG7fBA M/I Homes of Chicago, LLC (M/I Homes), appealed from the circuit court’s entry of summary…

  4. Insurance Law Hawaii

    Colorado Construction Defect Case

    By Tred R. Eyerly

    The decision is here. 

  5. Texas Commercial Litigator

    Court Denies Architects’ and Engineer’s Motion to Dismiss Property Owner’s Construction Defect Lawsuit

    By Dane Patrick

    Introduction. A property owner must file a certificate of merit with its construction defect lawsuit based upon errors or omissions committed by architects or engineers. The failure to do so…

  6. Colorado Construction Litigation

    Municipal Ordinances Create Additional Opportunities for the Defense of Construction Defect Claims in Colorado

    By David M. McLain

    Municipal ordinances may provide additional defenses for construction professionals where state law does not provide sufficient protection for Colorado’s builders.  Colorado state law can be a minefield of potential liability…

  7. Insurance Law Hawaii

    No Coverage for Repairs Made Before Suit Filed

    By Tred R. Eyerly

        After a hurricane damaged the building the insured was constructing, there was no coverage under the CGL policy for repairs the insured made in the absence of a…

  8. Texas Commercial Litigator

    The Supreme Court of Texas Upholds Trial Court’s Summary Judgment in Favor of Contractor Sued by School District for Installation of Defective Artificial Turf

    By Dane Patrick

    Introduction. A couple of years ago this blog discussed the construction defect case,  Pleasant Grove Indep. Sch. Dist. v. FieldTurf USA, Inc., in which the Pleasant Grove Independent School District…

  9. Association Alert

    Homeowner’s Associations Suing on Behalf of Homeowners Must Abide by Arbitration Provisions

    By Amy Ambro

    Facts The defendant, Lennar Homes developed Martinique at Oasis, a residential community located in Homestead, Florida comprised of 241 homes.  Lennar Homes sold each of the homes in the community…

  10. Insurance Law Hawaii

    No Duty to Defend Faulty Workmanship Under Hawaii Law, but All is not Lost for Insured Contractor

    By Tred R. Eyerly

        The federal district court found no duty to defend claims of faulty workmanship under certain policies issued to the insured contractor, but rejected arguments made by the Insurers…