Topic
Construction Defect
638 published works
Colorado Construction Litigation
Colorado’s Housing Crisis: How S.B. 25-131 Could Be a Step in the Right Direction
By David McLain
The cost of housing in Colorado has been an ongoing concern for homeowners, tenants, and developers alike. Senate Bill 25-131 (S.B. 25-131) seeks to address some of these issues by…
Insurance Law Hawaii
Seventh Circuit Finds Allegations of Occurrence and Property Damage Require a Defense
The Seventh Circuit reversed the district court's finding that the insured architecture firm was not entitled to a defense. Cornice & Rose International, LLC v. Acuity, 2024 U.S.…
Florida Construction Legal Updates
CONSTRUCTION DEFECT DISPUTES: KNOW YOUR MEASURE OF DAMAGES!!!!!
Remember this: know your measure of damages in a construction defect dispute. If you don’t, as shown below, the outcome can be unforgiving. The measure of damages is one of…
Insurance Law Hawaii
Business Risk Exclusion Dooms Coverage for Construction Defect Claim
The First Circuit, following Massachusetts law, found that coverage for allegations against the insured contractor for faulty workmanship were barred by the policy's (j) (6) Exclusion. Admiral Ins.…
Construction Law Zone
Massachusetts Appellate Court Confirms Construction Defects are Not Covered Under Commercial General Liability Policies
By Bill Wilson
In a case of first impression in Massachusetts, Lessard v. R.C. Havens & Sons, Inc., 104 Mass. App. Ct. 572 (2024), the Appellate Court confirmed that construction defects, without more,…
Colorado Construction Litigation
Understanding Insurance Disputes in Construction Defect Litigation: A Review of Acuity v. Kinsale
By David McLain
Construction projects are inherently complex, and insurance coverage plays a crucial role in managing risks, especially when unforeseen issues arise. The case of Acuity v. Kinsale demonstrates the tangled web…
Insurance Law Hawaii
Third Circuit Vacates Judgment for Insurer on Alleged Construction Defect Claim
The Third Circuit vacated and remanded to the district court the judgment in favor of the insurer on a construction defect claim. Odedeyi v. AmTrust Financial Services Inc.,…
Insurance Law Hawaii
Construction Defect Claim Survives Insurer’s Summary Judgment Motion Due to Lack of Evidence
The court denied the insurer's motion for summary judgment on a construction defect claim due to lack of evidence. Statesboro Erectors, Inc. v. Owners Ins. Co., 2024 U.S.…
Insurance Law Hawaii
Summary Judgment for Insurer on Construction Defect Claim Reversed
The Fifth Circuit reversed the district court's granting of summary judgment to the insurer on a construction defect claim asserted against the insured. TIG Ins. Co. v. Woodsboro…
Zalma on Insurance
Occam’s Razor
By Barry Zalma
Exclusion for Work Performed by Insured Defeats Claim for Construction Defects Post 4935 See the full video at https://rumble.com/v5po3z8-occams-razor.html and at https://youtu.be/jxEroUBelcM The question presented to the U.S. First Circuit Court…