Skip to main content

Topic

Construction Defect

638 published works

  1. Constructlaw®

    Massachusetts Supreme Court Holds Economic Loss Rule No Bar to Condo Trustees’ Claim for Damages to Common Areas Caused By Building Defects

    By James M. Kwartnik Jr.

    Wyman v. Ayer Properties, LLC, 469 Mass. 64,  2014 Mass. LEXIS 524 (July 10, 2014) The Massachusetts Supreme Court ruled that the economic loss rule, which bars recovery of tort damages…

  2. Insurance Law Hawaii

    Illinois Law Bars Coverage for Construction Defects in Insured’s Work

    By Tred R. Eyerly

       Applying Illinois law, the Seventh Circuit determined there was no coverage for faulty workmanship causing property damage to the insured's project. Nautilus Ins. Co. v. Board of Directors of Regal…

  3. Colorado Homeowners Association Law

    Mayor Murphy Puts Lipstick on a Pig

    By Molly Foley-Healy

    Those of you who follow our blog know that during the 2014 Colorado legislative session, Senate Bill 220 was introduced with the intent to spur condominium construction in Colorado –…

  4. Insurance Law Hawaii

    Eighth Circuit Rejects Retroactive Application of Construction Defect Legislation

    By Tred R. Eyerly

       The Eighth Circuit refused to retroactively apply an Arkansas statute establishing coverage for faulty workmanship. J-McDaniel Const. Co., Inc. v. Mid-Continent Cas. Co., 2014 U.S. App. LEXIS 14911 (8th…

  5. Insurance Law Hawaii

    Business Risk Exclusions Bar Coverage for Construction Defect Claims

    By Tred R. Eyerly

       The homeowners' assigned claims against the general contractor's insurer were barred by business risk exclusions in the CGL policies. W. Heritage Ins. Co. v. Cannon, 2014 U.S. Dist. LEXIS 101382…

  6. Insurance Law Hawaii

    Duty to Defend Construction Defect Case Triggered by Complaint’s Allegations

    By Tred R. Eyerly

         The subcontractor's insurer could not escape contributing to defense costs of its insured when coverage was possible based upon the underlying complaint's allegations. Seneca Ins. Co. v. James…

  7. Resolving Discovery Disputes

    Why Every Insurance Carrier Should Insist That The New Construction Form Interrogatories Be Used

    By Katherine Gallo

      John Podesta, an insurance coverage attorney in San Francisco, brings us his perspective on why the Form Interrogatories for Construction Defect should be used. John has handled hundreds of coverage cases…

  8. New Jersey Insurance Coverage Litigation

    Construction Defects and the “Your Work” Exclusion

    By Gene Killian

    My old law partner Carl Salisbury is on the warpath against carriers' efforts to escape construction defect coverage.  He has some interesting things to say about a recent pro-carrier South…

  9. Insurance Law Hawaii

    Coverage for Construction Defect Barred by Contractual-Liability Exclusion

    By Tred R. Eyerly

       Relying upon precedent from the Texas Supreme Court, the Fifth Circuit upheld the District Court's denial of coverage based upon the policy's contractual-liability exclusion. Crownover v. Mid-Continent Cas. Co.,…

  10. Construction & Infrastructure Law Blog

    Principal Architects on Residential Projects Liable for Construction Defects Outside Their Control; Developers and Owners May Pay the Price

    By Sheppard Mullin, Sheppard Mullin

    Beacon Residential Community Assoc. v. Skidmore, Owings & Merrill, LLP (Cal. Supreme Court., 07/03/2014, S208173) On July 3, 2014, the California Supreme Court decided the much watched case Beacon Residential Community…