Topic
Construction Defect
638 published works
Ahead of Schedule
Insurers Attempt to Avoid Coverage (Mis)using the Professional Services Endorsement
By Cory Haller
Parties spend significant time negotiating insurance provisions for protection in the event they face claims related to defective construction, but those protections can be rendered worthless if the wrong insurance…
Insurance Law Hawaii
No Coverage For Construction Defects Under Alabama Law
The federal district court found there was no coverage for alleged defects caused by the insured homebuilder. Canal Indem. Co. v. Carbin, 2017 U.S. Dist. LEXIS 126662 (N.D. Ala.…
Insurance Law Hawaii
Seventh Circuit Confirms Additional Insured’s Coverage for Alleged Construction Defects
The Seventh Circuit held that the underlying complaint alleged an occurrence by asserting that the painting subcontractor was negligent in causing damage to the building. Westfield Ins. Co. v.…
Rocky Mountain Real Estate Law
Colorado Condominium Construction Defect Issue: Colorado Supreme Court Affirms the Right of Declarants for Condominium and Other Common Interest Communities to Require Binding Arbitration of Disputes
As previously reported on this blog a Colorado Court of Appeals decision in 2015 allowed a developer/declarant to retain a right to consent to amendments to a common interest community’s…
Insurance Law Hawaii
Motion to Dismiss Insurer’s Counterclaim for Construction Defects Is Granted
The court granted the insured's motion to dismiss the insurer's counterclaim arising out of construction defects. Centrex Homes v. Zurich Specialties London Limited, et al., 2017 U.S. Dist. LEXIS…
Rocky Mountain Real Estate Law
Update: Construction Defects Reform Bill Passes, Is Signed by Governor
Late last month, we told you about an important bill introduced in the Colorado General Assembly. The bill had passed in the Colorado House of Representatives, and was headed for…
From the Ground Up
Important Policyholder Win in the Oregon Court of Appeals: Contractors—This Is Good News
On May 10, 2017, the Oregon Court of Appeals made several significant holdings in the appeal of an insurance policy garnishment proceeding. The court of appeals held that a liability…
The Northwest Policyholder
Important Policyholder Win in the Oregon Court of Appeals: Contractors—This Is Good News
On May 10, 2017, the Oregon Court of Appeals made several significant holdings in the appeal of an insurance policy garnishment proceeding. The court of appeals held that a liability…
Rocky Mountain Real Estate Law
A Colorado Construction Defect Reform Bill Finally Reaches Governor’s Desk
In our April Client Alert, we reported on a possible breakthrough in construction defect reform legislation, which had passed the House and was moving to the Senate. The Colorado Senate…
Construction & Transition Litigation Law Blog
Navigating the Transition Litigation Process to Minimize Costs and Maximize Potential Recovery
Transition from developer to unit-owner control of a residential community association generally unfolds in one of two ways. In many instances, the “Transition” process is uneventful – there are no…