Products Liability Civil Remedies Construction

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Texas Supreme Court Eliminates Premises Liability for Concurrent Acts of Premises Employees

In Magdalena Adrienna Abutahoun, et al. v. The Dow Chemical Company, 2015 WL 2147979, the Supreme Court of Texas affirmed the overturning of a jury verdict against Dow, finding it owed no duty related to the plaintiffs’...more

Nevada Supreme Court Clarifies Right to Construction Defect Remedies Involving Residential Units with Previously Occupied Spaces

In Oxbow Constr., LLC v. Eight Judicial Dist. Ct., 2014 Nev. LEXIS 109, 130 Nev. Adv. Rep. 86 (Nev. Oct. 16, 2014), the Nevada Supreme Court considered issues regarding class-action certification and the availability of...more

Indiana: New Home Warranties Must Be Insured

When faced with a subrogation loss involving a new or fairly new house, and a potential construction defect that caused the loss, one of the first things to look for is how warranties can help or hurt your case. Did the...more

The Long Tail of Construction Defect Liability: When Does It End?

Originally published in Colorado Construction & Design Magazine. (2012). Colorado law imposes deadlines on when defect claims may be asserted. How, when and to whom these deadlines apply has been historically less than...more

SC Supreme Court Finds Insurance Coverage in Construction Defect Case

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

Contractual Risk Shifting: Commercial Construction

If you are engaged in general contracting and think you have shifted the risk of non-payment by the owner to your subcontractors you should review this article. At least in Texas, unless the contract makes it clear with...more

Insurance Law Update - South Carolina Attempts to Clean Up the ‘Intellectual Mess’ Over the Meaning of ‘Occurrence’ in...

Supreme Court of South Carolina In Crossmann Communities of North Carolina, Inc. v. Harleysville Mut. Ins. Co., ___ S.E. 2d ___, 2011 WL 93716 (S.C. January 7, 2011), the Supreme Court of South Carolina held that there is...more

Dean v. Barrett Homes, Inc.: A Crack in the 'Economic Loss' Rule for 'Integrated Products'

In Dean v. Barrett Homes, Inc., A-15, New Jersey Supreme Court (November 15, 2010), the New Jersey Supreme Court significantly narrowed the "economic loss rule" and its corollary, the "integrated product doctrine," when it...more

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