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Construction Defect

638 published works

  1. Insurance Law Hawaii

    Illinois Supreme Court Finds Construction Defect Claim Triggers Initial Grant of Coverage

    By Tred R. Eyerly

        The Illinois Supreme Court found that the underlying allegations addressing construction defects were sufficient to establish "property damage" caused by an "occurrence. "Acuity v. M/I Homes of Chicago,…

  2. Insurance Law Hawaii

    New York Court Grants Insured’s Motion to Dismiss Construction Defect Case and Awards Fees to Insured

    By Tred R. Eyerly

        The New York Supreme Court granted the insured's motion to dismiss the insurer's complaint seeking relief on its duty to indemnity and awarded fees to the insured. Utica…

  3. Policyholder Pulse

    Recent Illinois Supreme Court Decision on Construction Defect Claim Is a Perfect Holiday Gift for Policyholders

    By William C. Miller, Tamara D. Bruno

    The Illinois Supreme Court handed down a big win for policyholders just in time for the holidays. In Acuity v. M/I Homes of Chicago, LLC, the court joined the mainstream…

  4. Insurance Law Hawaii

    Insurer’s Motion for Judgment on the Pleadings for Construction Defect Claim Rejected

    By Tred R. Eyerly

        The magistrate judge recommended that the insurer's motion for judgment on the pleadings be denied in a case involving coverage for the insured subcontractor's alleged faulty workmanship. Evanston…

  5. Insurance Law Hawaii

    No Coverage for Construction Defect Claim Only Impacting Insured’s Work

    By Tred R. Eyerly

        In a coverage dispute between two insurers over a claim for damages caused by faulty workmanship, the court found there was no right to equitable contribution or indemnity.…

  6. Adam Leitman Bailey's Blog

    Adam Leitman Bailey Awarded Access and License Agreement 881 Case in Difficult Litigation Plagued with Repairs and Damages to Building

    By Adam Leitman Bailey

    “I don’t think she is the right fit for this case and our Board.  She is too aggressive, and it simply is not going to work for us.  We want…

  7. Adam Leitman Bailey's Blog

    Adam Leitman Bailey, P.C. Received a Rare Injunction in the State Supreme Court Stopping the Foreclosure Auction of Units and Forcing the Sponsor to Abide by the Settlement Agreement Disowned When Defaulting on Mortgage Ensuring Millions, Resident’s Unit, and Parking Spaces go to Condominium

    By Adam Leitman Bailey

    In 2018, Adam Leitman Bailey, P.C. was retained by a group of unit owners at a new construction condominium in Williamsburg, Brooklyn. The new building was advertised as a luxury…

  8. Virginia HOA and Business Law Blog

    Another Thanks to Construction Law Musings – HOAs and Construction Defects

    By John Tarley

    When either a commercial or residential condominium development nears the time of automatic transition, the developer and the owners face many challenges. The developer, or “Declarant,” must transfer responsibility for…

  9. Colorado Construction Litigation

    Mitigating Legal Risks in Urban Sustainable Building

    By David McLain

    There is no doubt that urban sustainable building is a growing trend. More and more builders are looking to incorporate environmentally friendly practices into their projects, and governments are pushing…

  10. Insurance Law Hawaii

    Insurer Has No Obligation to Cover Arbitration Award in Construction Defect Case

    By Tred R. Eyerly

        The court determined there was no coverage for an adverse arbitration decision suffered by the insured in a construction defect case. Am. Fire and Cas. Co. v. Unforgettable…