Construction Defect & Insurance Claim Research Center

Prior years: 2014 2013 2012 2011 2010 2009-2005

July 2015

Make the Most of Your Mediation: The Single-Family Construction Defect Case

Understanding Contribution and Indemnification in Multiparty Construction Defect Litigation

Revised Construction Industry Arbitration Rules Adopted by American Arbitration Association

The Ins and Outs of Bad Faith Claims in Florida

The “Continuous Trigger” Theory and Construction Defect Actions: Cypress Point Condominium Association v. Selective Way Insurance Co.

Additional Insured Endorsements in Construction

Setting Aside an Appraisal Award for Bias or Conflict of Interest

‘Known-Loss’ Clause Doesn’t Negate Coverage for Property Damage to Work of Others Despite Insured’s Prior Knowledge of Damage to Own Work

Keeping the Faith in Insurance Bad Faith

Insurance Industry Explores Google Glass Uses

Seventh Circuit Holds Insured Entitled to a New Roof for Purely Cosmetic Hail Damage

New Jersey Developer Wins on “Occurrence” and “Property Damage”; Appellate Division finds Subcontractors’ Faulty Construction within Insuring Agreement; Parkshore Abrogated

The Mediated Arbitration: Think Outside The Box The Next Time You Reach An Impasse During Mediation

Missouri Court: “Equivalent” Requires that Replacement Siding be Both Equal in Value and Virtually Identical

Cosmetic damage caused by hail is a 'direct physical loss'

Observers Watching Strict New Construction-Defect Rules

“Continuous” Trigger is Alive and Well in Pennsylvania

H.B. 1455: New Texas Law Governing Condominium Association Construction Defect and Design Claims

Dear Expert, can we Talk? Expert Written Opinions and the Attorney Work-Product Doctrine

Washington Supreme Court Misses Opportunity to Clarify the Meaning Of “Collapse”

Sub Wins Against Owner -- It Was A Strategic Decision Not To Sue The GC

Construction Alert: Don't Overlook the Importance of Additional Insured Endorsements

Looking Backward: West Virginia Retroactively Imposes Coverage for Faulty Workmanship

Changes to Florida's Construction Defect Notice Statute

5 Disruptors that could turn the P&C Industry on its Head


June 2015

Subcontractors Win Big U.S. Appeals Court Ruling

Don't Overlook the Importance of Additional Insured Endorsements

Indemnity & Insurance Provisions in Construction Contracts

Washington Supreme Court Adopts Pro-Policyholder Interpretation of “Collapse” in a Property Policy

A Hail Dented Roof is Covered Direct Physical Damage and Loss

Virginia's New Law: Subcontractors and Material Supplies may not Waive Certain Rights in the Contract

A House of a Different Color: The Changing Role of Appraisal Panels

Courts Say There’s No Claim for “Reverse Bad Faith.” Could They Be Wrong?

Florida’s 2015 Legislative Session: Impact to the Construction Industry

Virginia P3 Law Amendments: Good for the Public, Bad for Business?

3D Printing Comes to the Building and Construction Industry

Recent United States District Court Ruling Highlights the Importance of Defining Terms when Drafting Construction and Real Estate Agreements

Here are the 3 Big Trends on the Horizon for Claims Professionals

Don't Muck Up Your Case by Failing to Gather and Present the Right Evidence

Ninth Circuit: Under Arizona Law Mudslide Can Be Covered as the Direct Result of Fire

Arbitration In Insurance Coverage Disputes: Pluses And Minuses

New Florida Federal Court Decision Exposes Construction Insurance Gap

The Problem with One Year Warranties

8 Best Practices for Claims Litigation Management

Statute of Repose in Construction Cases Clear as Mud if Owner Does Not Pay

The 8 Most Misunderstood Coverage Issues in CGL Insurance

Unraveling the Mysteries of 'Additional Insured' Rights

Bill Would Add Statute of Limitations in State Construction Disputes

Building on Construction Liens

Property Claim Litigation Bill Passed by the Texas Senate

Calculating Actual Cash Value, Part 9: Colorado


May 2015

Summary Judgment Overturned in Coverage Dispute

Flood, Flood or Flood! Who Responds: AAIS, ISO or NFIP? – Part III

Is it Flood or Water Damage – Part IV of Flood, Flood or Flood

Amount of Damages for Loss of use in Construction Cases does not need to be Established with Absolute Certainty

Limitations on Cross-Examination of Lay and Expert Witnesses

Should Court Approval be Required to Engage in Mediation?

Preparing Witnesses for Cross-Examination at Trial

Food for Thought – Ten Post ADCNC Construction Defect Meeting Comments on “the System” by CD Practitioners:

Eleventh Circuit Rejects Insurer’s Application of “Manifestation Trigger” in Property Damage Case

Court of Appeals Ruling Favors Arbitration of Construction Defect Claims

Wave Of Construction Defect Law Reform May Continue

The Mother's Day Storm of Insurance Claim Denials

Concurrent Causes of Loss Discussed in Recent Case

Construction Defects – Settlement Agreement Bars a Later Suit for Latent Defects

Top Ten Construction Clauses - the Differing Site Conditions Clause

Smell May Constitute Physical Loss Under Policy

Atlanta Homes Built with Radioactive Concrete

Trial-Quality Expert Testimony...for Class Certification?

Flood, Flood, or Flood: What is Really Meant When a ‘Flood’ Loss is Reported? – Part I

Flood, Flood or Flood? – Part II

Policyholder Waits Too Long to Request Appraisal--So "Waive" Goodbye to the Appraisal Remedy

Deposing the Opposing Party's Expert, Part 1

Deposing the Opposing Party's Expert, Part 2

Deposing the Opposing Party's Expert, Part 3

Contractors Face New Risks with Early Design

Privity of Contract is Still the Rule...For Breach-Of-Implied-Warranty Claims Against Subcontractors, Even For New Home Construction

Defending a Home Explosion

Your Top 10 eDiscovery Tips for Insurance Professionals

The 5 Hottest Markets in Construction Insurance


April 2015

Effort to Limit Third-Party Property Insurance Claims Stalls in Legislature

Would Rot Damage Occur In A Garage If No One Were Around To See It? Yes, Judges Rule

Unethical Claims Cultures Promote Outcome Oriented Expert Reports

Georgia Supreme Court: Insured Cannot Sue for Settlement Amount of Bad Faith Absent Insurer’s “Consent to Settle”

What's Your Priority? An Open-Ended Examination Of Pennsylvania's Mechanics' Lien Law

Washington State: Insurer Prevails On Summary Judgment Due To Insured’s Lack Of Prompt Notice

Texas Supreme Court Enforces Anti-Concurrent Causation, Bars Coverage Where Wind and Flood Combine to Cause the Loss

The Future of the Paralegal Profession Includes Regulation

Coverage for Construction Defects Barred By Exclusion j (5)

Striking Down Regulation On Replacement Cost Estimates, A California Court Heads Off Policyholder Litigation

Replacement Cost Value After Denial

Delaware State Court Holds that Defective Workmanship Claims do not Trigger Coverage by a Builder’s Commercial General Liability Policy

When is Mediation Appropriate for Your Construction Case?

Ohio Court Re-affirms Economic Loss Rule

California Expands Liability for Architects -- Duty of Care Owed to Third-Party Condo Buyers

Texas Court Talks Insurance and Actual Cash Value

California Insurance Commissioner Lacks Authority to Regulate Formula for Estimating Replacement Cost Value

Xactimate Skills. Don’t Leave Home Without Them.

New Tips for Examining Your Own Witnesses and Using Their Depositions at Trial

Here's how Drones are going to Transform the Insurance Industry

Playing with House Money: Fifth Circuit Holds that Home Designs Can Constitute Advertisements

Texas Supreme Court Denies General Contractor’s Negligent-Misrepresentation Claim Against Architect for Increased Construction Costs Caused By Deficient Plans

Florida Contractors Fight Insurance Change

Right to Repair Reform: Revisions and Proposals to State’s “Right to Repair Statutes”

Construction Defect Claims and the Economic Loss Doctrine Clarified by Ohio's Second District Court of Appeals

Watch Out for the Economic Loss Rule

Newly Revised Arizona Purchaser Dwelling Act Changes Rules for Construction Defect Claims

Florida Senate Tightens Requirements for Construction Defect Claims

The Do’s & Don’ts of Scaffold Safety in Construction

Rescission Of Coverage When Misrepresentation In Policy Application Is Not Material To Acceptance Of Risk

When Insurers Cause as much Damage as Catastrophes

Clarification of “No Damages for Delay” Exception in Construction Contracts

Dallas Appeals Court Renders Take-Nothing Judgment for Insurer in Construction Defect Case

Limits to the “Defend-One-Defend-All” Rule in Construction Contracts

What do Claimants Really Want? The Answer Might Surprise You

A Beacon for Homeowners and HOAs. Not So Much for Design Professionals

Top Ten Construction Clauses - the “Work” Clause

Contractors Beware: don’t Waive Goodbye to your Mechanic’s Lien Rights

The PCA Calls for Stronger Building Codes to Limit Fire Damage


March 2015

Smartglasses Help Adjusters see the Future of Claims

Filing Suit over Home Construction gets Harder

Iowa’s Highest Court: Damage by Rainwater is Damage by Rain

Property Catastrophe Pricing “Yet to Reach Bottom”: Morgan Stanley

Zachry Construction Corp.: the End to Indemnity for Exemplary Damages?

Indemnification Law in South Carolina 101: Contractual Indemnification

Indemnification Law in South Carolina 101: Equitable Indemnification

Seventh Circuit Court of Appeals: No Coverage Under Title Insurance for Mechanics’ Liens Arising after Construction Lender Stops Funding

New Tips for Examining Your Own Witnesses and Using Their Depositions at Trial

What You Need to Know About RRP

The “Category of Water” in Flood Damaged Buildings can Directly Impact Repair & Rebuilding Costs

Neither Designated Work Exclusion nor Pre-Existing Damage Exclusion Defeat Duty to Defend

Silica Dust Damage Held Barred by Pollution and Faulty Workmanship Exclusions in New York

Scaffold Law advocates: 'Let the sunshine in'

Lawyers See Opportunity in FEMA Review of Sandy Claims

Court Refuses to Hold Sidewalk Defects Not Trivial or De Minimis

New York’s Highest Court Enforces a Water Damage Exclusion Despite an Ensuing Loss Exception

Five Critical Tips for the Successful Mediated Settlement of a Construction Dispute

New, but Far From Perfect

Is Laminate Flooring The New Drywall For Insurers?

Think you’re Going to Supplement your Expert Disclosure? Think Again.

Nevada, Other States Target Construction-Defect Lawsuits

Economic Loss Rule Impacted by Recent Colorado Supreme Court Decision

How Pending Legislation could have a Major Impact on Contractors

Must there be More Than Damage to a Structure to be Structural Damage?

Design Professional Liens: A Blueprint

Florida’s Slavin Doctrine Continues to Vigorously Protect Contractors, Architects and Engineers from Injuries to Third Parties

The Spearin Doctrine: Determining Who Bears the Risk of Design Errors

The Spearin Doctrine Cont’d: Some Important Nuances and Exceptions

Appellate Court Lets Broad General Release Stand in SB 800 Case

Homeowners Beware!! You May Not Recover For Subsequently Discovered Construction Claims After Signing Construction Claim Releases

A Lawyer Discusses Hiring Consultants on Construction Projects: Where do I begin?

Can “Sticks and Stones” Break Expert's Credibility?

Mixing Concrete, Like Baking a Cake, is Fraught with Problems When the Recipe is Not Followed


February 2015

Here are the Top 10 Most Significant Liability Coverage Cases of All Time

Seventh Circuit Rejects Bright-Line Trigger Of Coverage Approach In First-Party Property Disputes

The Pennsylvania Superior Court Continues to Muddle the Answer to the Question of When Faulty Workmanship is an “Occurrence” Under a CGL Policy

What Difference does it make? Pay if Paid vs. Pay when Paid

The Advantages and Disadvantages of Arbitration vs. Court Litigation

"Vandalism And Malicious Mischief" Can Include An Intentionally Set Fire (Arson)

What Judges Really Want Lawyers To Know

3 Things you Need to Know About Construction Defect Law

California Court Adopts Broad Interpretation of “Occurrence,” Finds Coverage

Insurer On The Hook To Defend Faulty Construction Claims

Court Confirms Insurer Permitted to Choose Counsel in Discharging Duty to Defend

Licensing Challenges for Multi-State Design Practices

Waive Not, Want Not: Waivers and Releases on California Construction Projects

Alert: Warning Signs before a Snow-Load Roof Collapse Occurs

Lien Waivers Should Be Fair — And Efficient

Damages Just Got Easier

HOA Scam shows need for Construction Defect Reform

Construction Defects – Right to Jury Trial on Factual Issues Necessary to Determine Whether a Construction Defect Cause of Action Accrued to Plaintiff

Don't Mess with Texas Adjusters in Hail Damage Claims

40 Essential Apps for Trial Lawyers, Part Two

Owner’s Partial use of the Property does not Preclude Loss of use Damages in Construction Defects Cases

This Year’s Construction Insurance Trends

The Insurance Coverage Debate on Construction Defects Continues

“At-issue” Waiver: it ain’t over till it’s over

Utah Federal Court Stays Proceedings Under Miller Act Pending Arbitration

Anatomy of an Indemnity Provision

Denial of Summary Judgment Does Not Automatically Establish Duty to Defend

Weathering Winter Storm Juno with Roof Collapse Coverage

Insurance Coverage on Construction Projects

New P3 Legislation To Take Effect in Washington, D.C.

Altering Insurance: Texas Lawmakers take aim at Hailstorm Claim Litigation

Hailstorm/Windstorm Claims? Challenges For The Policyholder? Two Points Going Hand-In-Hand These Days

Trial Court Erred in Ruling a Sidewalk Defect that caused a Trip-and-Fall


January 2015

The Great Fallacy: If Builders Would Just Build It Right There Would Be No Construction Defect Litigation

A Dog-Eat-Dog World: When Insurers Sue Each Other For Bad Faith

Fifth Circuit Reverses Course in Construction Defect Case

Bill Introduced to give Colorado Shortest Statute of Repose in U.S.

The Duty to Defend: The 3 Primary Sources of Insurer Litigation

No Damages For Delay Exceptions: Active Interference?

Proposed Legislation Could Have Significant Impact on Florida’s Construction Defect Statute

Your “Independent Contractor” Clause Just Got a Little Less Relevant

The Demise Of The Economic Loss Rule In Construction Defect Litigation

Oregon Court of Appeals Clarifies Application of Statute of Limitations and Statute of Repose in Connection with Construction Defect Suit

Contractors And Owners Beware: Your Contracts May Limit Your Recoverable Damages

Colorado Lawmakers Gear up for Construction-Defects Reform in 2015

New York District Court Rejects Excess Carrier’s Attempt to Stack Primary Limits in Continuous Exposure Case

Another Case Highlighting the Difference Between CGL Policies and Performance Bonds

The Top Five Of 2014

Key Revisions to New York City Construction Codes will Impact Development and Design

Is Defective Construction Covered by your Insurance Policy?

Calculating Actual Cash Value, Part 2: California

The Effects of Construction Accidents

Insurance Bad Faith Law A 2014 Retrospective and a Look Ahead to 2015

South Carolina Imposes Heavy Burden on Experts in Design Defect Cases

Recent Decision as to Meaning of "Comparable Material and Quality"

Colorado Lawmakers Gear up for Construction-Defects Reform in 2015


Prior years: 2014 2013 2012 2011 2010 2009-2005

Access Premium Content

Email Marketing You Can Trust