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Tarter Krinsky & Drogin LLP

Law Brief®: David Pfeffer and Richard Schoenstein Discuss the Legal Implications of Infrastructure Collapses

On the latest Law Brief® episode, David Pfeffer, Partner and Chair of the Construction Practice, joins Host Richard Schoenstein to discuss the legal implications of building collapses, and more common partial collapses. David...more

White and Williams LLP

New Hampshire’s Statute of Repose for Improvements to Real Property Does Not Apply to Product Manufacturers

In United Services Automobile Association v. Broan-Nutone, LLC, No. 218-2017-CV-01113, the Superior Court of Rockingham County, New Hampshire recently considered whether the eight-year statute of repose for improvements to...more

White and Williams LLP

Massachusetts Court Holds Statute of Repose Bars Certain Asbestos-Related Construction Claims

Claims Arising Out of a Deficiency or Negligence in the Design, Planning, Construction and General Administration of Improvements to Real Property Among Those Affected. In Stearns v. Metropolitan Life Insurance Company, the...more

Saul Ewing LLP

Ohio Supreme Court May Expand Insurance Coverage Under General Contractor’s CGL Insurance for Damages Caused By Defective...

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In recent years, courts in several states have held that a general contractor's commercial general liability ("CGL") insurance policy may provide coverage for damage caused by a subcontractor's defective construction work....more

White and Williams LLP

Northern District of Mississippi Finds That Non-Work Property Damages Are Not Subject to AIA’s Waiver of Subrogation Clause

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In recent months, the Northern District of Mississippi has grappled with how to interpret waivers of subrogation in American Institute of Architects (AIA) construction industry contracts and, specifically, how they apply to...more

Haight Brown & Bonesteel LLP

Ownership is Not a Conclusive Factor for Ongoing Operations Additional Insured Coverage

In McMillin Management Services v. Financial Pacific Ins. Co. (No. D069814, filed 11/14/17), a California appeals court held that an insurer had a duty to defend a general contractor under an “ongoing operations” additional...more

Troutman Pepper

Insurance Coverage for Property Damage Caused by Defective Workmanship

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One of the principal points of contention between insurers and insureds is whether defective construction work is, or can be, an occurrence, thereby triggering coverage. Originally published in ConsensusDocs (Vol. 3,...more

Carlton Fields

Subcontractor Exception Torpedoes Insurers’ Defense To Faulty Workmanship Claim

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As this blog has reported, a line of cases deciding coverage disputes over faulty workmanship runs against (or, at least, around) a basic rule for interpreting insurance policies. Under that rule, the scope of coverage is...more

Womble Bond Dickinson

Class Action Arbitration after Dell Webb

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Agreeing to arbitrate disputes, in lieu of traditional litigation, is not a new phenomenon. As consumers, we all contractually agree to arbitrate disputes on an almost daily basis. While not everyone may read the entire...more

Haight Brown & Bonesteel LLP

Will Technology End Construction Defect Litigation? – How Robotics and 3D Printing Are Already Changing the Construction Industry

As implausible as it might be, the days for construction defect litigation could be numbered. By 2026, it might be gone for good thanks to exploding technological applications. You might be thinking "well, I've seen many...more

Miller Starr Regalia

Are You My Brokers? The Evolving Legal Status of the Real Estate Salesperson

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Under the Real Estate Law that governs the regulation of brokers and salespersons by the Bureau of Real Estate, a salesperson is theoretically subject to supervision and control at all times by the broker that employs the...more

Burr & Forman

Risk or Reward? Using Drones on Your Construction Project

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In this week’s issue of ENR, technology writer Luke Abaffy details the use of drones by Minnesota Department of Transportation (MnDOT) to conduct bridge inspections....more

Snell & Wilmer

Homebuilders Do Not Owe a Duty of Care to Non-Original Homeowners

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Recently, the Arizona Court of Appeals answered another lingering question of paramount importance to the construction industry – whether homebuilders and other construction industry professionals may be indefinitely subject...more

Carlton Fields

Fifth Circuit Holding Breathes Life Back Into the Contractual Liability Exclusion

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Liability insurance policies typically exclude coverage for obligations arising out of the insured’s “assumption of liability in a contract or agreement.” Earlier this year, the Texas Supreme Court took a narrow view of this...more

Bradley Arant Boult Cummings LLP

Alabama Joins Recent Trend of States Finding Defective Work May Be Covered Under a Commercial General Liability Policy

The Supreme Court of Alabama recently held in Owners Ins. Co. v. Jim Carr Homebuilder, LLC that a contractor’s commercial general liability (“CGL”) policy provided coverage for property damage caused by the defective work of...more

Nossaman LLP

Warning: A Builder Who Rejects Assigned Counsel May Jeopardize Insurance Coverage

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For many reasons, developers and builders in a construction defect lawsuit want to pick their own counsel to defend them. For instance, they have a good working relationship with the counsel, counsel did well in another case...more

JAMS

Construction Defect Disputes and the Abandoned Policyholder: Getting the Carrier to the Table

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There is much that can go wrong in any large construction project: improper installations, defective products, errors and omissions made by designers, unexpected site conditions—the list is long. Insurance coverage or a...more

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