Topic
Construction Defect
638 published works
Constructlaw®
No Negligence? No Causation? No Problem. Arizona Appellate Court Holds General Contractor Need Not Prove Subcontractor’s Negligence or Causation To Be Indemnified
By John Gazzola
Amberwood Dev., Inc. v. Swann's Grading, Inc., No. 1 CA-CV 15-0786, 2017 Ariz. App. Unpub. LEXIS 207 (Ct. App. Feb. 23, 2017) This case arose out of a housing development…
Hunton Insurance Recovery Blog
Eleventh Circuit Holds “Completed Work” Exclusion Does Not Bar Claims For Work Under Maintenance Contract
"Before the Court is, once again, the classic case of the insurer requesting relief from the consequences of the inartfully drafted, yet plain, terms of its insurance policy." So begins…
Insurance Law Hawaii
Assignment of Construction Defect Claims Not Covered
Assignment of insurance proceeds as part of a settlement against the subcontractor for faulty workmanship was not covered under the CGL policy in accordance with Illinois law. Allied Prop. &…
Property Insurance Coverage Law Blog
Defective Construction and Ensuing Loss Provisions
By Chip Merlin
A public adjuster called with a common situation—a property loss occurred during repair and the insurance company had initially denied the claim, saying that the loss was from defective construction.…
Insurance Law Hawaii
Ninth Circuit Finds No Coverage for Construction Defects Under California Law
The Ninth Circuit, applying California law, affirmed the district court's decision finding there was no coverage for construction defects. Archer W. Contractors v. Nat'l Union Fire Ins. Co., 2017 U.S. App.…
Property Insurance Coverage Law Blog
Costs to Repair or Replace Defective Construction Excluded Under Commercial General Liability Policy
Often a homeowner’s damages are not the result of a storm event, but rather the result of defective construction. In such situations, the homeowner will often pursue an action against…
Insurance Law Hawaii
Coverage Under Builder’s Risk Policy Properly Excluded for Damage to Existing Structure Only
The Tenth Circuit affirmed the District Court's determination that there was no coverage under the builder's risk policy. Gerald H. Phipps, Inc. v. Travelers Prop. Cas. Co. of Am.,…
Colorado Construction Litigation
Colorado House Bill 17-1279 – A Misguided Attempt at Construction Defect Reform
On March 17th, House Bill 17-1279, concerning the requirement that a unit owners’ association obtain approval through a vote of unit owners before filing a construction defect action, was introduced…
Colorado Construction Litigation
Homeowner Protection Act of 2007 Not Just for Individual Homeowners Anymore?
On March 9, 2017, the Colorado Court of Appeals announced its decision in Broomfield Senior Living Owner, LLC v. R.G. Brinkmann Company, No. 16CA0101, 2017 COA 31 (Colo. App. Mar.…
Colorado Construction Litigation
Colorado Supreme Court Weighs in on Timeliness of Claims Against Subcontractors in Construction Defect Actions
On February 27, 2017, the Colorado Supreme Court announced its decision in the Goodman v. Heritage Builders, No. 16SA193, 2017 CO 13 (Colo. February 27, 2017) case. In ten short…