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Declaratory Judgments Construction Project

Pillsbury - Policyholder Pulse blog

Recent Illinois Supreme Court Decision on Construction Defect Claim Is a Perfect Holiday Gift for Policyholders

The Illinois Supreme Court handed down a big win for policyholders just in time for the holidays. In Acuity v. M/I Homes of Chicago, LLC, the court joined the mainstream of jurisdictions and reversed years-old precedent that...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - January 30 2023

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Southern District Refuses To Use Extrinsic Evidence “Bound Up With Merits” Of Underlying Action To Defeat Duty To Defend- 622 Third Avenue LLC filed a declaratory judgment action against Harleysville Worcester Insurance...more

J.S. Held

Practical Completion: The New Context for Certifying Higher-Risk Buildings in England

J.S. Held on

The decision to certify as to when the works under construction contracts in the United Kingdom (“UK”) have reached ‘Practical Completion’ (“PC”) can often cause difficulties for the Contract Administrator (“CA”), as the...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - November 2021

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Second Circuit Holds That General Contractor’s “True Excess” Policy Covers Owner Before Owner’s Primary Policy Because Of General Contractor’s Contractual Indemnity Obligation to Owner- The Long Island Railroad on behalf...more

Cozen O'Connor

Insurer May Not Intervene Into Insured’s Construction Defect Trial To Seek Allocation of Damages

Cozen O'Connor on

In Builders Mut. Ins. Co. v. Island Pointe, LLC, No. 27970, 2020 S.C. LEXIS 68 (May 13, 2020), the South Carolina Supreme Court clarified that insurers are not required and, absent unusual circumstances...more

Troutman Pepper

Federal Court Finds That Ambiguous Limitation-of-Liability Clause Did Not Clearly Restrict Owner’s Claims

Troutman Pepper on

DAK Americas Mississippi, Inc. v. Jedson Engineering, Inc. et al, No. 1:18cv31-HSO-JCG, 2019 BL 208838 (S.D. Miss. June 6, 2019) - This dispute arose out of the design and construction of a concrete storage slab at DAK’s...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Reconstruction/National Environmental Policy Act: U.S. District Court (Eastern District of Arkansas) Complaint Filed Addressing...

Several individuals and various community/neighborhood organizations filed a May 20th Complaint for Declaratory Judgment and for Preliminary and Permanent Injunctive Relief in the United States District Court for the Eastern...more

Troutman Pepper

Claim Of Fraudulent Inducement Of A Construction Contract Does Not Invalidate Arbitration Clause In That Same Contract

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Koudela v. Johnson & Johnson Custom Builders, LLC, 2017 Ohio App. Lexis 5800 (December 29, 2017) - In this case, Nicolas and Monica Koudela (the “Koudelas”) entered into a construction contract with “Johnson & Johnson...more

Farrell Fritz, P.C.

When Governmental Entities Collide – Local Zoning Codes May Be The Loser

Farrell Fritz, P.C. on

A recent decision by the Appellate Division decided that a village zoning code was inapplicable to a water district. As a result, the water district was able to proceed with replacement of one of its massive elevated water...more

Troutman Pepper

A Frustrating Exercise: Federal District Court In Iowa Declines To Grant Summary Judgment On Frustration Of Purpose Doctrine In A...

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Rembrandt Enters., Inc. v. Dahmes Stainless, Inc., No. C15-4248-LTS, 2017 U.S. Dist. LEXIS 144636 (N.D. Iowa Sept. 7, 2017) - On September 7, 2017, the Federal District Court for the Northern District of Iowa denied a...more

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