Topic
Construction Defect
638 published works
Surf and Turf Law
New Damon Key Newsletter – Article on Insurance Coverage for Construction Defects
Damon Key publishes a quarterly newsletter for our clients, sent via snail and e-mail. The current issue can be downloaded here.I co-wrote an article with my partner Anna H. Oshiro on a…
British Columbia Insurance Blog
A wrap-up policy which does not clearly exclude coverage will be required to defend a potential insured
Insurer was ordered to defend insured pursuant to a project specific wrap-up policy with respect to claims brought by owner of a building against the insured, the general contractor with…
Land Use Prof Blog
Federal Investigation into Nevada HOAs
Many suspected that local prosecutors delayed an investigation into Las Vegas homeowners associations because of the powerful people potentially involved. High-powered attorneys and former police officers may be implicated in a…
New Jersey Insurance Coverage Litigation
Insurance coverage for construction defects
By Gene Killian
It’s amazing how, when the economy tanked, construction defects began to multiply exponentially. I’m not (necessarily) trying to ascribe purely financial motives to the plaintiffs in these cases, but there’s…
Insurance Law Hawaii
Policy Language Restricts Ongoing Damage to One Occurrence
Are construction defects that allegedly result in water intrusion and property damage over several policy periods the result of one occurrence or multiple occurrences? This was the issue under…
Construction & Transition Litigation Law Blog
New Jersey Supreme Court Reverses Appellate Division in Seminal Economic Loss Rule Case
On Monday, November 15th, 2010, the New Jersey Supreme Court issued its highly anticipated decision in the controversial case of Dean v. Barrett Homes, Inc., 406 N.J. Super. 453 (App.…
Insurance Law Hawaii
Indiana Supreme Court Holds Construction Defects Can be an “Occurrence”
The Indiana Supreme Court has now weighed in on liability coverage for construction defects and has decided faulty workmanship with unforeseen consequences is an occurrence. See Sheehan Construc. Co. Inc. v. Continental…
New Jersey Law Blog
Developer Prohibited from Enforcing Arbitration Clause Written into Governing Documents in Construction Defect Litigation
A recent court ruling unraveled a developer's creative attempt to avoid construction defect litigation related a new common interest community. Pinnacle Market Development designed and constructed the Pinnacle Museum Tower…
Best Practices Construction Law
It’s Puzzling: Explaining a Statute of Repose for Construction Defects
As I stepped out of the shower this morning, something stuck to the bottom of my foot. It was Florida. ... Today's post features an explanation of the statute of…
Insurance Law Hawaii
Documented Prior Knowledge of Defect Eliminates Coverage
Sorting out whether the contractor had coverage for alleged construction defects under the subcontractor's policies was the issue in Travelers Cas. and Sur. Co. v. Dormitory Auth., State of New…