Topic
Construction Defect
638 published works
Construction & Transition Litigation Law Blog
Transition by Condominium Associations – Focus of Engineering Investigation – Part 2
How do engineers find this moisture damage without tearing off all of the brick and cast stone? They use moisture probes, which are inserted through the mortar joints in the…
Ohio Appellate Insights
Oral Argument Preview: Does Ohio Law Allow for a Waiver of the Implied Duty to Build a House in a Workmanlike Manner? Paul Jones, et al. v. Centex Homes
Update: The merit decision in this case was handed down March 14, 2012. Read the analysis of the decision here. On October 4, 2011, the Supreme Court of Ohio will hear arguments…
Insurance Law Hawaii
Faulty Workmanship Causing Damage to Other Property Covered as Construction Defect
In yet another recent construction defect case, the Illinois Court of Appeal found for coverage. See Milwaukee Mut. Ins. Co. v. J.P. Larsen, Inc., 2011 Ill. App. Ct. LEXIS 872 (Ill.…
Insurance Law Hawaii
South Carolina Court Reverses Itself on Construction Defect Issue
In a January decision, the South Carolina Supreme Court found no coverage under a CGL policy for construction defects. On rehearing and after considering numerous amici briefs, the court…
Insurance Law Hawaii
No Coverage For Construction Defects When Complaint Alleges Contractual Damages
The underlying plaintiff's allegations contended the contractor was in breach of contract for construction defects caused in building her home. Accordingly, the court found no coverage. See Nat'l Builders…
Insurance Law Hawaii
Coverage for Construction Defects Barred by Business Risk Exclusions
Although the court determined there was an occurrence, coverage was excluded by the business risk exclusions. See Cont'l W. Ins. Co. v. Shay Constr. Co., 2011 U.S. Dist. LEXIS 82839…
Insurance Law Hawaii
Condominium Exclusion Bars Coverage for Construction Defect
Coverage was denied under the policy's condominium exclusion in California Traditions, Inc. v. Claremont Liability Ins. Co., 2011 Cal. App. LEXIS 912 (Cal. Ct. App., ordered published July 11, 2011). California Traditions was…
Insurance Law Hawaii
Policy Covers Construction Defects, But Disputed Facts Exist on Applicability of Manifestation Trigger
The insured was a developer of a residential project. Mid-Continent Cas. Co. v. Siena Home Corp., 2011 U.S.Dist. LEXIS 79132 (M.D. Fla. July 8, 2011). The homeowners filed suit,…
Insurance Law Hawaii
Court Finds No Coverage for Construction Defect Action Pled as Breach of Contract
Interpreting Missouri law, a federal district court determined that property damage arising from faulty workmanship did not arise from an occurrence. Employers Mut. Casualty Co. v. Luke Draily Constr.…
Ahead of Schedule
The Increasing Importance of Performance Bonds
There are now 25 states in the U.S. that hold that construction defects are not an “occurrence” and are therefore not covered under commercial general liability policies insuring contractors. Couple…