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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

Alabama Construction Worker Awarded $1.7 million For Injuries

While workers' compensation benefits will work to cover the medical expenses and lost wages that an Alabama worker encounters following a workplace accident or injury, this is not the only source of compensation available in...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

First Circuit Holds That Warranty Not Exclusive Remedy When Repeated Corrective Efforts Fail

According to the U.S. Court of Appeals for the First Circuit in Berkshire Medical Center, Inc. v. U.W. Marx, Inc., an owner is at some point legally entitled to run out of patience, at least where defective work is concerned....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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