Construction Defects

When Does an "Occurrence" Occur?

by Jerome Sturhahn | Sherman & Howard L.L.C. on 5/1/2013

Two federal courts in Denver recently addressed a fundamental question that exists in almost every construction defect case - when did the property damage that gives rise to liability, and the insurer's obligation, occur? ...more

The “Occurrence” Debate Continues: Pennsylvania and North Dakota Edition

by Aaron Mandel, Stevi Raab | Sedgwick LLP on 4/30/2013

As noted in our previous installment of CDCQ, the “occurrence” issue is one of the most hotly litigated topics in construction defect coverage cases. This last quarter was no exception. Two recent cases addressing this issue...more

Faulty Workmanship Can Be An Accident

by John Berringer | Reed Smith on 4/22/2013

After a spate of bad decisions for policyholders on whether general liability policies can ever provide coverage for construction liabilities, three courts, in the past few weeks, have done an about-face, holding that there...more

Florida Property Owners: Be Aware Of This Procedure Before Filing A Construction Defects Claim

by Alex Figares, Adam F. Haimo | Bilzin Sumberg Baena Price & Axelrod LLP on 4/5/2013

One of the most frustrating events for a residential homeowner, or a commercial property owner, is the day that they find construction defects on their property. From that time forward, the steps that are taken by the...more

Courts Continue to Split on Whether Defense Obligation Is a First Party Benefit Under Colorado Law, but Agree Duty to Defend Is a...

by Nadia Bugaighis, Christopher Clemenson | Cozen O'Connor on 3/19/2013

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

Update On Coverage For Colorado Construction Defects – TCD & Colorado Pool

by Chris Mosely, Melissa Reagan, Jerome Sturhahn, Katherine Dawson Varholak, Brooke Yates | Sherman & Howard L.L.C. on 2/27/2013

Over the past few years, we have monitored the efforts of some in the insurance industry to deny coverage for construction defect claims brought by construction professionals. These insurers' assault on construction...more

Montana Court Addresses Business Risk Exclusions

by Traub Lieberman Straus & Shrewsberry LLP on 2/12/2013

In its recent decision in Lukes v. Mid-Continent Cas. Co., 2013 U.S. Dist. LEXIS 17979 (D. Mont. Feb. 11, 2013), the United States District Court for the District of Montana had occasion to consider the application of the...more

Introducing Construction Defect Coverage Quarterly, and an Analysis of “Occurrence” in Defect Coverage Actions

by Aaron Mandel, Stevi Raab | Sedgwick LLP on 2/8/2013

Through its recent opinion in Westfield Ins. Co. v. Custom Agri Systems, Inc., 2012 WL 4944305 (Ohio Oct. 16, 2012) (“Westfield”), the Ohio Supreme Court joined the majority of states in holding that faulty construction work...more

Colorado Federal Court Applies Builder’s Risk Exclusion and Policy Endorsement to Preclude Coverage for Underlying Construction...

by Aaron Mandel, Stevi Raab | Sedgwick LLP on 2/8/2013

Even where insureds clear the “property damage” and “occurrence” hurdles to finding coverage for construction defect claims under liability insurance policies, additional coverage obstacles remain. Consider the “business...more

Washington Supreme Court Expands the Ability of Parties to Define How and When Construction Defect Causes of Action May Be Brought

by Lane Powell PC - Construction Law on 2/8/2013

In a unanimous decision, the Washington Supreme Court has approved of contractual clauses broadly defining the scope of how and when causes of action may be asserted. The case, Washington State Major League Baseball Stadium...more

Is Defective Construction an “Occurrence”? The Answer Isn’t So Concrete Construction Defect Coverage Quarterly

by Aaron Mandel, Stevi Raab | Sedgwick LLP on 2/8/2013

One of the largest issues litigated in today’s construction defect coverage actions is whether defective construction constitutes an “occurrence” (and therefore, may be covered) under liability insurance policies. Standard...more

Construction And Procurement Law News- 2012 Fourth Quarter

by Bradley Arant Boult Cummings LLP on 2/7/2013

In this issue: - Ninth Circuit: Underbids Can Constitute False Claims - State Courts Limit CGL Coverage for Property Damage Arising From Defective Construction - Construction Contractor Prevails in...more

Weekly Law Resume - January 31, 2013: Construction Defects Premised on Negligent Design Theory

by Joseph Fenech | Low, Ball & Lynch on 2/4/2013

Beacon Residential Community Association v. Skidmore, Owings & Merrill, LLP Court of Appeal, First District (December 13, 2012) The First Appellate District reversed a judgment in favor of design professionals and...more

On the Horizon for 2013: Pennsylvania Courts Struggle with Insurance Coverage for Construction Defect Claims

by Douglas Cameron, Jay Levin, Traci Rea | Reed Smith on 1/31/2013

In 2012, Judge Wettick of the Allegheny County Court of Common Pleas issued two decisions that have the potential to significantly limit the insurance coverage available to Pennsylvania contractors and construction companies...more

How to Guarantee the HOA Can't Litigate Condo Construction Defect Claims

by Jared Berg, John Mill | Sherman & Howard L.L.C. on 1/30/2013

Developers and general contractors would like to avoid litigating construction defect claims brought by condominium homeowner associations. There is a way to do this. ...more

Homeowners May Sue Design Professionals For Construction Defects

by Jon E. Goetz | Kronick, Moskovitz, Tiedemann & Girard on 1/22/2013

In Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP (--- Cal.Rptr.3d ----, Cal.App. 1 Dist., December 13, 2012), a California court of appeal found that a homeowners association could seek damages...more

Insurance Coverage: January 2013

by Low, Ball & Lynch on 1/11/2013

There were no significant decisions of the Supreme Court related to coverage this past quarter. The Courts of Appeal have provided us with several more decisions on contribution and subrogation. The following are brief...more

Does The Tarion Appeal Process Prevent A Condominium From Commencing A Civil Action?

by Shawn Pulver | Heenan Blaikie LLP on 1/7/2013

We are often asked by condominium corporations whether an appeal of Tarion’s final decision letter will prevent them from commencing a separate civil action with respect to the same deficiencies....more

Under Construction - December 2012

by Wade R. Budge, Stuart J. Einbinder, Richard G. Erickson, Joshua Grabel, Jennifer R. Phillips, Nora R. Pincus, Scott C. Sandberg, James J. Sienicki, Jeffrey M. Singletary, Nicole Sornsin | Snell & Wilmer L.L.P. on 12/31/2012

In This Issue: Letter from the Editor; Colorado Construction Law Developments in 2012; Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for...more

Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for...

by Joshua Grabel, Jennifer R. Phillips | Snell & Wilmer L.L.P. on 12/20/2012

On December 4, 2012, the Arizona Court of Appeals issued a decision in Sullivan v. Pulte Home Corporation that will have significant implications in the construction industry. The case revolved around a home built by Pulte in...more

Colorado Construction Law Developments in 2012

by Scott C. Sandberg | Snell & Wilmer L.L.P. on 12/20/2012

While Colorado’s General Assembly passed no significant legislation affecting construction law in 2012, the Colorado Court of Appeals handed down a number of significant rulings....more

Pennsylvania Court Finds No Coverage for Construction Defect Claims Under General Liability Policies

by Stevi Raab | Sedgwick LLP on 12/12/2012

In the case of American Home Assurance Co. v. Trumbull Corp., No. GD-11-006886 (Ct. Com. Pl. Allegheny County, Oct. 10, 2012), the court granted summary judgment in favor of two excess general liability insurers on a matter...more

Ohio Supreme Court Rules that Claims of Defective Workmanship Against a Builder Do Not Constitute an Occurrence Under a CGL Policy

by Scott Galla | Cozen O'Connor on 10/19/2012

On October 12, 2012, the Ohio Supreme resolved a longsimmering conflict among Ohio’s intermediate appellate courts by answering the following certified question: Are claims of defective construction/workmanship brought...more

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When Does an "Occurrence" Occur?

The “Occurrence” Debate Continues: Pennsylvania and North Dakota Edition

Faulty Workmanship Can Be An Accident

Florida Property Owners: Be Aware Of This Procedure Before Filing A Construction Defects Claim

Courts Continue to Split on Whether Defense Obligation Is a First Party Benefit Under Colorado Law, but Agree Duty to Defend Is a...

Update On Coverage For Colorado Construction Defects – TCD & Colorado Pool

Montana Court Addresses Business Risk Exclusions

Introducing Construction Defect Coverage Quarterly, and an Analysis of “Occurrence” in Defect Coverage Actions

Colorado Federal Court Applies Builder’s Risk Exclusion and Policy Endorsement to Preclude Coverage for Underlying Construction...

Washington Supreme Court Expands the Ability of Parties to Define How and When Construction Defect Causes of Action May Be Brought

Is Defective Construction an “Occurrence”? The Answer Isn’t So Concrete Construction Defect Coverage Quarterly

Construction And Procurement Law News- 2012 Fourth Quarter

Weekly Law Resume - January 31, 2013: Construction Defects Premised on Negligent Design Theory

On the Horizon for 2013: Pennsylvania Courts Struggle with Insurance Coverage for Construction Defect Claims

How to Guarantee the HOA Can't Litigate Condo Construction Defect Claims

Homeowners May Sue Design Professionals For Construction Defects

Insurance Coverage: January 2013

Does The Tarion Appeal Process Prevent A Condominium From Commencing A Civil Action?

Under Construction - December 2012

Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for...

Colorado Construction Law Developments in 2012

Pennsylvania Court Finds No Coverage for Construction Defect Claims Under General Liability Policies

Ohio Supreme Court Rules that Claims of Defective Workmanship Against a Builder Do Not Constitute an Occurrence Under a CGL Policy

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