News & Analysis as of

Construction Defects

Bradley Arant Boult Cummings LLP

Florida Courts Consider Control, Not Contractual Privity, for Negligence Claims Against Design Professionals - Construction and...

by Bradley Arant Boult Cummings LLP on

Though many states require a contractor to hold a contract directly with a design professional to pursue a claim against a designer for design omissions or defects, a recent case confirms that, in Florida, contractual privity...more

Bradley Arant Boult Cummings LLP

Ohio Supreme Court Bucks Recent Trend and Holds No Coverage for Construction Defects Under Commercial General Liability Policy -...

by Bradley Arant Boult Cummings LLP on

The insurance coverage analysis under a commercial general liability (“CGL”) insurance policy begins with the “insuring agreement.” The standard CGL policy provides coverage for “those sums that the insured becomes legally...more

Bradley Arant Boult Cummings LLP

Reasonable Expectations Cannot Overcome Unambiguous Policy Language - Construction and Procurement Law News, Q4 2018

by Bradley Arant Boult Cummings LLP on

In a recent decision, the Third Circuit Court of Appeals (a federal appellate court supervising the federal trial courts in Delaware, New Jersey, Pennsylvania, and the Virgin Islands) enforced the plain meaning of an...more

Wendel, Rosen, Black & Dean LLP

General Release of Contractor Upheld Despite Knowledge of Construction Defects

by Wendel, Rosen, Black & Dean LLP on

Ah, the elusive Lepus Cornutus, commonly known as the Jackalope. Rarely seen, we may have one in SI 59 LLC v. Variel Warner Ventures, LLC, Court of Appeals for the Second District, Case No. B285086 (November 15, 2018), an...more

Baker Donelson

Condominium Developers in Texas Can Protect Themselves from Future Lawsuits Through the Use of Declarations

by Baker Donelson on

A Texas court recently affirmed the dismissal of construction defect claims by a residential condominium unit owners’ association because it lacked standing to assert claims against the developer, general contractor, and...more

Miller Canfield

Illinois Supreme Court Disallows Implied Warranty Claims by Owners Against Subcontractors

by Miller Canfield on

The Illinois Supreme Court has overturned over thirty years of precedent in holding that property owners cannot sue subcontractors for implied warranty of habitability claims. Courts have long held that owners receive...more

White and Williams LLP

California Court of Appeal Holds That the Right to Repair Act Prohibits Class Actions Against Manufacturers of Products Completely...

by White and Williams LLP on

In Kohler Co. v. Superior Court, 29 Cal. App. 5th 55 (2018), the Second District of the Court of Appeal of California considered whether the lower court properly allowed homeowners to bring class action claims under the Right...more

Pepper Hamilton LLP

Boring Through The Details: U.S. District Court Declares Boring Company Dispute Not Covered by Insurance Policies

by Pepper Hamilton LLP on

Maxum Indemnity Co. v. Robbins Co., P.C., No. 1:17-CV-01968, 2018 U.S. Dist. LEXIS 57729 (N.D. Ohio Mar. 28, 2018) - On March 21, 2018, the United States District Court for the Northern District of Ohio granted a motion...more

Haight Brown & Bonesteel LLP

Developer’s Failure to Plead Amount of Damages in Cross-Complaint Fatal to Direct Action Against Subcontractor’s Insurers Based on...

by Haight Brown & Bonesteel LLP on

In Yu v. Liberty Surplus Ins. Corp. (No. G054522, filed 12/11/18), a California appeals court held that a developer’s failure to allege the amounts of damages sought in its cross-complaint rendered default judgments against a...more

White and Williams LLP

In Massachusetts, the Statute of Repose Applies to Consumer Protection Claims Against Building Contractors

by White and Williams LLP on

In Bridgwood v. A.J. Wood Construction, Inc., 105 N.E.3d 224 (Mass. 2018), the Supreme Court of Massachusetts determined that the statute of repose barred the plaintiff’s consumer protection claims commenced more than six...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Homebuyers’ Implied Warranty of Habitability Suit Against Subcontractors Is Frozen out by Illinois Supreme Court

by Ogletree, Deakins, Nash, Smoak & Stewart,... on

Overruling 35 years of precedent, the Illinois Supreme Court has held that buyers of newly constructed homes cannot sue subcontractors for breach of the implied warranty of habitability. Sienna Court Condominium Association...more

Wendel, Rosen, Black & Dean LLP

Class Actions Under California’s Right to Repair Act. Nope. Well . . . Nope.

by Wendel, Rosen, Black & Dean LLP on

It’s the holidays. A time when family and friends, and even neighbors, gather together. And nothing brings neighbors closer together than class action residential construction defect litigation....more

Carlton Fields

Court Enforces Policy’s Crumbling Foundation Plain Language in Dismissing Claims Against Insurers

by Carlton Fields on

A federal judge in Connecticut recently dismissed claims against insurers related to their denial of a claim by two homeowners whose home’s foundation was crumbling. The case, Hyde v. Allstate Ins. Co., No. 3:18-cv-00031 (D....more

Robinson+Cole Data Privacy + Security Insider

How Drones are Conducting Bridge Inspections

by Robinson+Cole Data Privacy + Security Insider on

Recently, Intel announced two separate collaborations with the Kentucky Transportation Cabinet (KYTC) and the Minnesota Department of Transportation (MnDOT) to improve bridge inspections using drones....more

Dentons

Collateral warranty signed later than practical completion had retrospective effect

by Dentons on

In Swansea Stadium Management Company Ltd v. City & County of Swansea and Interserve Construction Ltd [2018] EWHC 2192, the contractor argued that the tenant's claim under an undated collateral warranty had been issued...more

White and Williams LLP

Wisconsin Court of Appeals Holds Economic Loss Doctrine Applies to Damage to Other Property If It Was a Foreseeable Result of...

by White and Williams LLP on

In Kmart Corp. v. Herzog Roofing, Inc., 2018 Wisc. App. Lexis 842, the Court of Appeals of Wisconsin considered whether the economic loss doctrine barred the plaintiff’s negligence claims against the defendant roofer for...more

Haight Brown & Bonesteel LLP

Insurer Prohibited from Bringing Separate Contribution Action in Subrogation to Rights of Suspended Insured

by Haight Brown & Bonesteel LLP on

In Travelers Property Casualty Co. of Amer. v. Engel Insulation, Inc. (No. C085753, filed 11/30/18), a California appeals court held that an insurer may not file its own action to assert claims solely as a subrogee of a...more

Traub Lieberman Straus & Shrewsberry LLP

Fourth Circuit Finds Multiple Bridge Collapses Constitute “Related Claims”

by Traub Lieberman Straus & Shrewsberry LLP on

On November 7, 2018, the Fourth Circuit Court of Appeals affirmed summary judgment in favor of an insurer holding that the collapse of two pedestrian bridges designed by the insured arose out of “related claims” under the...more

White and Williams LLP

Ohio Rejects the Majority Trend and Finds No Liability Coverage for a Subcontractor’s Faulty Work

by White and Williams LLP on

In Ohio N. Univ. v. Charles Constr. Servs., 2018 Ohio LEXIS 2375 (No. 2017-0514, October 9, 2018), the Supreme Court of Ohio was recently called upon to determine if a general contractor’s Commercial General Liability (CGL)...more

Carlton Fields

South Carolina Federal Court Denies Motion to Stay and Orders Insurer to Produce Documents

by Carlton Fields on

The background of this case is as follows. In 2014, ContraVest Inc., ContraVest Construction Co., and Plantation Point Horizontal Property Regime Owners Association Inc. (collectively, “Plaintiffs”) brought suit in South...more

Morris James LLP

Delaware Superior Court Explains Privity Rule For Claim Preclusion

by Morris James LLP on

The Washington House Condominium Association Of Owners v. Daystar Sills Inc., C.A. N15C-01-108 WCC CCLD (November 13, 2018) - This is an interesting decision because it explains when there is privity between parties so as...more

White and Williams LLP

Third Circuit Court of Appeals Concludes “Soup to Nuts” Policy Does Not Include Faulty Workmanship Coverage

by White and Williams LLP on

Earlier this month, in Frederick Mutual Insurance Company v. Hall, the U.S. Court of Appeals for the Third Circuit concluded that coverage for faulty workmanship claims is “simply not the kind of coverage insurance agents and...more

Traub Lieberman Straus & Shrewsberry LLP

Third Circuit Holds No Coverage for Faulty Workmanship Despite Insured’s Expectations

by Traub Lieberman Straus & Shrewsberry LLP on

In its recent decision in Frederick Mut. Ins. Co. v. Hall, 2018 U.S. App. LEXIS 31666 (3d Cir. Nov. 8, 2018), the United States Court of Appeals for the Third Circuit had occasion to consider Pennsylvania’s doctrine of...more

Pepper Hamilton LLP

Concurrent Delay: Surety—Standing in the Shoes of Subcontractor—Is Barred From Asserting Defense of Concurrent Delay Because...

by Pepper Hamilton LLP on

Fid. & Deposit Co. of Md. v. Travelers Cas. & Sur. Co. of Am., 2018 U.S. Dist. LEXIS 162265 (D. Nev., September 21, 2018) - Clark County School District (“CCSD”) hired Big Town Mechanical (“Big Town”) as general contractor...more

Pepper Hamilton LLP

Submission of Pre-Suit Claim Notice Required by Construction Defect Statute Timely ‘Commences the Action’ Within the Meaning of...

by Pepper Hamilton LLP on

Gindel v. Centex Homes, 2018 Fla. App. LEXIS 13019 (Fla. 4th DCA Sept. 12, 2018) - A group of townhome owners (the “Homeowners”) sued the contractor and a subcontractor (collectively, “Contractor”) who built their...more

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