Topic
Construction Defect
638 published works
Insurance Law Hawaii
Illinois Supreme Court Finds Construction Defect Claim Triggers Initial Grant of Coverage
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,…
Insurance Law Hawaii
New York Court Grants Insured’s Motion to Dismiss Construction Defect Case and Awards Fees to Insured
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…
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…
Insurance Law Hawaii
Insurer’s Motion for Judgment on the Pleadings for Construction Defect Claim Rejected
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…
Insurance Law Hawaii
No Coverage for Construction Defect Claim Only Impacting Insured’s Work
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.…
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
“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…
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
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…
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…
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…
Insurance Law Hawaii
Insurer Has No Obligation to Cover Arbitration Award in Construction Defect Case
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…