Topic
Construction Defect
638 published works
Insurance Law Hawaii
Insurer Must Cover Portions of Arbitration Award
The court determined that there was coverage in a construction defect case for portions of an arbitration award. Liberty Surplus Ins. Corp. v. Century Sur. Co., 2019 U.S.…
Florida Construction Legal Updates
TEN-YEAR STATUTE OF REPOSE TO SUE FOR LATENT CONSTRUCTION DEFECTS
If you are dealing with latent construction defects, it is imperative that you consult with counsel to understand your rights. This not only includes claims for property damage stemming from…
Insurance Law Hawaii
Insurer Not Entitled to Summary Judgment on Construction Defect, Bad Faith Claims
The federal district court denied the insurer's motion for summary judgment seeking to establish there was no coverage for construction defect claims and for bad faith. Country Mut. Ins.…
Constructlaw®
Florida Court of Appeals Permits Successor-In-Interest to Pursue Claims Originally Thought to Be Barred by Settlement Agreement
MBlock Investors, LLC v. Bovis Lend Lease, Inc., etc., et al., 44 Fla. L. Weekly d1432 (3d DCA 2019) A Florida Appellate Court recently reversed a trial court’s decision granting…
California Construction Law Blog
Court of Appeals Finds Additional Insured Coverage Despite “Care, Custody or Control” Exclusion
By Garret Murai
By Garret Murai, July 30, 2019 When things go wrong on a construction project it’s often a scramble of finger pointing. In McMillin Homes Construction, Inc. v. National Fire & Marine…
Constructlaw®
Georgia’s Supreme Court Re-Affirms The Acceptance Doctrine
By Ryan Deroo
Thomaston Acquisition, LLC v. Piedmont Construction Group, Inc., No. S19Q0249, 2019 BL 202176 (Ga. June 03, 2019) The acceptance doctrine represents the principle that an independent contractor is not liable…
Insurance Coverage Law in Massachusetts
US District Court holds no duty to defend contractor for claim of damage to foundation of building despite some evidence that foundation was outside contractor’s scope of work
By Nina Kallen
Collette Synchantha alleged that she had hired Mills Construction Company to rebuild her house after it was damaged by a fire, and that there were problems during construction including damage…
Construction Industry Counselor
Utah Appellate Court: Homeowners’ Claim for Defective Construction Against Geotechnical Engineer Dismissed Due to Lack of Contract and the Economic Loss Rule
By mmacdonald
Utah Appellate Court: Homeowners’ Claim for Defective Construction Against Geotechnical Engineer Dismissed Due to Lack of Contract and the Economic Loss Rule A recent Utah Appellate Court upheld the dismissal…
Insurance Law Hawaii
Insurer’s Motion for Judgment on the Pleadings Over Construction Defect Claims Denied
The insurer was unable to escape coverage obligation over claims for construction defects when its motion for judgment on the pleadings was denied. Jei Solutions v. Burlington Ins. Co.,…
Insurance Law Hawaii
Care, Custody and Control Exclusion Does Not Bar Coverage For Alleged Construction Defects
Reversing the lower court, the California Court of Appeal found that the care, custody and control exclusion was not applicable to bar coverage for the general contractor as…