Topic
Faulty Workmanship
140 published works
Texas Commercial Litigator
No Contractual Relationship Required for Homeowner to Sue Builder for Defective Workmanship
By Dane Patrick
Is contractual privity required for an owner to sue a builder for defective workmanship? Construction defect lawsuits often involve claims against multiple defendants since the typical construction project involves work…
Insurance Law Hawaii
Insurer’s Denial of Claim for Faulty Workmanship Does Not Survive Summary Judgment
The court granted the insured's motion for summary judgment despite the insurer's denial based upon faulty workmanship. Engineered Structures, Inc. v. Travelers Prop Cas. Co. of Am., 2018 U.S.…
Insurance Law Hawaii
No Coverage for Contractor’s Faulty Workmanship
The Kentucky Supreme Court determined there was no coverage for the contractor's faulty workmanship in digging the existing basement of a building to make it deeper. Martin v. Acuity, 2018 Ky.…
Wiley Executive Summary
Faulty Workmanship Exclusion in Professional Liability Policy Bars Coverage for Faulty Design and Construction
By Hume Ross
The United States District Court for the District of Colorado, applying Colorado law, has held that an arbitration award for faulty design and construction was potentially recoverable as “damages” under…
Insurance Law Hawaii
Insurer Must Defend Contractor Against Claims of Faulty Workmanship
The magistrate judge recommended that the insurer's motion for summary judgment seeking to determine there was no coverage for claims of faulty workmanship be denied. Greystone Multi-Family Builders v.…
Insurance
Statute of Repose and Insurance Company Construction Projects
A contractor’s “preferred contractor” relationship with an insurance company does not necessarily mean the insurance company can recover under a breach of contract theory when it seeks relief in subrogation…
Property Insurance Coverage Insights
Texas Federal Court Holds Faulty Workmanship Exclusion Applies to All Damage Caused By Drilling Gear Malfunction, Rejects Insured’s Claim for Covered “Resulting Loss”
When does an excluded loss end and a covered “resulting loss” begin? This thorny question was the subject of a recent decision out of the Southern District of Texas, EMS…
Insurance Law Hawaii
Insurer Must Defend Claims of Faulty Workmanship That Damage Another’s Work
The Nebraska Court of Appeals ruled that the insurer must defend claims of faulty workmanship causing property damage to something other than the insured's work product. Grinnell Mut. Reinsurance…
Risk and Recovery
New York Insurance Law: Under Construction
By Seth Schafler, Om V. Alladi
Imagine you hired a general contractor to renovate the master bathroom of your home. The general contractor hired a subcontractor to do the plumbing work, but the subcontractor botched the…
Insurance Law Hawaii
Coverage, Bad Faith Upheld In Construction Defect Case
The California Court of Appeal affirmed the trial court's finding of coverage for faulty workmanship allegations and bad faith by the insurer. Pulte Home Corp. v. Am Safety Indem.…