Topic
Construction Defect
638 published works
Ahead of Schedule
Oregon Supreme Court Declines to Reconsider Abraham Decision
By Sean Gay
In March of this year, the Oregon Supreme Court issued its opinion in Abraham v. T. Henry Construction, Inc. Unhappy with one aspect of the opinion, the Abrahams promptly filed…
Insurance Law Hawaii
Construction Defects Not Covered When Contractor Terminated Prior to Completion
Whether a contractor who failed to complete construction of a home had coverage for alleged construction defects was at issue in Clarendon Am. Ins. Co. v. Gen. Sec. Indem.…
Insurance Law Hawaii
Subcontractor’s Negligence Causing Construction Defect is Covered
Following recent precedent issued by the Indiana Supreme Court, the federal district court determined the CGL policy provided coverage for damage caused by the subcontractor. Gen. Casualty Ins. v.…
New Jersey Law Blog
Construction Defect Claims Rise when Builders Create Shoddy Condo Buildings
Owners of new homes, condos or townhouses in New Jersey at some point may have suspected that their home builders were aware of the improper constructions which foreshadow significant problems…
New Jersey Law Blog
Developer Thwarted in Attempt to Force Arbitration on Common Interest Community Association
Rather than focusing on the cause of costly and time consuming construction defect litigation ( i.e., poor construction), Developers of condominiums and townhome associations are more frequently trying to limit…
Construction & Infrastructure Law Blog
The Year 2010 In Review: Design And Construction Defects Litigation
This article is the first in a series summarizing construction law developments for 2010. By Candace Matson, Harold Hamersmith & Helen Lauderdale 1. Centex Homes v. Financial Pacific Life Insurance…
Insurance Law Hawaii
Similar to Hawaii, South Carolina Seeks to Legislate Coverage for Construction Defects
This post from today's BusinessInsurance.com addresses legislation introduced in South Carolina seeking to extend coverage for construction defects under CGL policies. We posted on a similar effort underway in Hawaii to…
Insurance Law Hawaii
Legislative Bill Seeks to Address Group Builders’ Decision on Construction Defects
In Group Builders, Inc. v. Admiral Ins. Co., 123 Haw. 142, 231 P.3d 67 (Haw. Ct. App. 2010) [decision here], the Hawaii Intermediate Court of Appeals determined that construction defects did not arise…
Insurance Law Hawaii
Seventh Circuit Remands Construction Defect Case In Light of Sheehan
In a prior post, we noted the Indiana Supreme Court held that the CGL policy covers damage to a home structure resulting from shoddy subcontractor work unless the subcontractor…
Ahead of Schedule
Oregon Supreme Court Hears Abraham Appeal
By Sean Gay
Last month the Oregon Supreme Court heard oral argument in Abraham v. T. Henry Construction, Inc., a residential construction defect case. Shortly after the Oregon Court of Appeals published its…