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A new case from Oregon deals with a recurring problem in construction defect litigation—the absence of clear dates in the complaint regarding when damage is alleged to have occurred. ...more
Although insurance requirements are typically addressed in most construction contracts, they are often given minimum attention. On the other hand, attorneys’ fees are always a major concern. Notwithstanding, requiring...more
This week we discuss the Indiana Court of Appeals decision State Farm Fire & Casualty Co. v. Radcliff that upheld one of the largest verdicts – $14.5 million – ever obtained in a defamation case in United States history....more
In D.R. Horton, Inc.—Denver v. Mountain States Mutual Casualty Co., No. 12-cv-01080 (February 25, 2013), another U.S. District Court judge for the District of Colorado determined a liability insured seeking defense costs from...more
Originally published Dallas Bar Association's Headnotes on October 24, 2012. Local courts have recently seen a dramatic increase in the filing of hail damage actions. Many of these actions are not conventional lawsuits,...more
In July, Governor Perdue signed two bills into law which make substantial changes to the state’s mechanics lien and bond laws. With respect to private projects, the most significant changes relate to the creation of “Lien...more
California Senate Bill 474 prohibits a contract provision requiring a subcontractor to indemnify a general contractor, construction manager, or other subcontractor for claims arising out of their "active negligence." This...more
Construction defect issues diminish both the value and enjoyment of homeownership, and are significant problems for homeowners and their associations, as well as potential sources of liability for developers and builders. And...more
In Certain Interested Underwriters At Lloyd’s, London v. Perry Stolberg, ___F.3d ____, 2012 WL 1699931 (1st Cir. May 16, 2012), the First Circuit Court of Appeals affirmed the district court’s holding that the insurer was not...more
Axis Surplus Insurance Company v. Glenco Insurance Ltd Court of Appeal, Fourth District (April 11, 2012) When an action for equitable contribution is brought by a settling insurer against a non-participating carrier, the...more
Here’s a recent case we thought our readers would be interested in that was posted in our May 2012 Media Law Bulletin. When Looney Ricks Kiss Architects, Inc. (Looney) created an architectural design known as the Island...more
In its recent decision in Thompson v. Navigators Ins. Co., 2012 U.S. Dist. LEXIS 60122 (S.D. Cal. Apr. 30, 2012), the United States District Court for the Southern District of California considered whether an insurer was...more
In its recent decision in State Farm and Casualty Co. v. Lorrick Pacific, LLC, 2012 U.S. Dist. LEXIS 57922 (D. Ore. Apr. 24, 2012), the United States District Court for the District of Oregon had occasion to consider whether...more
The California Court of Appeal recently handed down a significant published decision pertaining to the duty of an insurance broker who procures a policy for the the developer of a construction project. The Fourth Appellate...more
In its recent decision in Hartford Cas. Ins. Co. v. Construction Builders In Motion, Inc., 2012 U.S. Dist. LEXIS 25240 (E.D. Ill. Feb. 28, 2012), the United States District Court for the Northern District of Illinois,...more
The typical commercial construction lawsuit can cost an architecture or engineering firm well over $100,000 to resolve. It is not unheard of for some construction lawsuits to rise into the multiple hundreds of...more
In This Presentation: Insurance in Context: Construction Risk Management; What Insurance Can and Can’t Do; Consider/Anticipate all Stakeholders; Construction Risk Management; Insurance challenges: Market Conditions;...more
Can an Engineering firm be held liable in negligence despite provisions in a state law which allegedly gives design professionals immunity? That was the issue confronted recently by the Supreme Court in the state of...more
Contractual agreements between owners and general contractors and/or between general contractors and subcontractors routinely include “indemnity” and/or “additional insured” provisions. Indemnity provisions typically require...more
As previously reported in Under Construction, in 2009 the Colorado Court of Appeals held in General Security v. Mountain States Mutual that “a claim for damages arising from poor workmanship, standing alone, does not allege...more
Anyone who has been a defendant in a lawsuit will tell you that the process is expensive, time consuming and stressful. I have spent the past twenty years defending businesses and individuals in courts throughout Virginia and...more
The S.C. Supreme Court has clarified the issue of CGL coverage for damages associated with construction defects in a way that should prove helpful to contractors and owners. As you may know, in January 2011 the SC...more
Recently, I had the honor and privilege of guest posting on George Simpson’s blog, entitled North Carolina Insurance Law. George’s blog is a gold mine of information for those concerned with insurance issues, and it is a...more
California Traditions, Inc. v. Claremont Liability Insurance Company Court of Appeal, Fourth District (July 11, 2011) In an effort to curtail costs, many general liability policies sold in the construction industry...more
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