Key Lease Work Letter Issues When the Landlord Is Doing the Work
Law Brief®: David Pfeffer and Richard Schoenstein Discuss the Legal Implications of Infrastructure Collapses
Contractual Notice Requirements: Do You Really Need Them?
Construction Defects: Lessons Learned
California Court of Appeal Opens Doors for Construction Defect Claims Outside of the Right to Repair Act
How final is a final arbitration award? In Escapes! To the Shores Condominium Association, Inc., et al. v. Hoar Construction, LLC, and Architectural Surfaces, Inc., the plaintiff condo association argued that an arbitration...more
In Ali Heidari v. Golden Bear Insurance, a California appeals court recently affirmed a lower court’s decision to deny relief under a CGL policy, where the policy excluded from coverage work performed by subcontractors under...more
Michigan has joined the majority of jurisdictions in holding that a general liability policy may provide coverage for claims for property damage allegedly caused by the defective work of a subcontractor. In a unanimous...more
McMillin Homes Constr., Inc. v. National Fire & Marine Ins. Co., 35 Cal.App.5th 1042 (2019); Fourth Appellate District Court of Appeal, Division One, Case No. D074219 (June 5, 2019). McMillin Homes Construction, Inc....more
Most states have statutes of repose, which define the date certain for parties to assert any and all claims for construction and design related issues, and provide a final cut-off for liability with respect to a project. For...more
JP Energy Marketing, LLC v. Commerce & Industry Insurance Company, et al., No. 115285, 2018 Okla. LEXIS 11 (Okla. Feb. 5, 2018) - Oklahoma Supreme Court in a case of first impression authorizes an award of appeal-related...more
Two recent cases from separate California state courts correctly interpret the phrase “that particular part” and apply it in its intended narrow sense. This is good news for contractors and is in contrast to some recent...more
In a matter of first impression, the Arizona Court of Appeals recently ruled that the “Your Work Exclusion” in a Commercial General Liability (“CGL”) insurance policy bars coverage for an additional insured when the only...more
Colorado law generally prohibits construction defect lawsuits against a construction professional brought “more than six years after the substantial completion of the improvement to the real property.” § 13-80-104, C.R.S....more
In an important recent decision, New Jersey joined a growing number of states holding that Insurance Services Office’s (ISO) 1986 comprehensive general liability (CGL) policy extends coverage to a property developer faced...more
Home Sales, Disclosing Defects - Home purchasers appealed summary judgment granted in favor of sellers regarding claims of defects that had a material adverse effect on the property’s value pursuant to Johnson v. Davis, 480...more
Letter from the Editor - Welcome to the summer edition of our Under Construction newsletter. In this issue, we highlight several hot topic items affecting the construction industry such as what happens when the...more
Commercial General Liability Policies; “Injury-in-fact” vs. “Manifestation” as Trigger for Coverage; “Your Work” Exception – A CGL policy’s “Your Work” exclusion precludes coverage for defective installation when no damage...more