Construction Defect & Insurance Claim Research Center
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December 2011
Legislative Proposal Could Wipe Out Common Area Warranties
Legal Matters: Condo/Townhome Living can Lead to Unusual Disputes
OSHA Inspections: Employer Rights and Responsibilities – Types of Violations
4th Circuit Holds No Duty to Defend Insurance Broker in Bodily Injury Suit
Practical Use of Expert Witnesses in Construction Defect Cases
Arbitrators Can Decide Validity of Arbitration Provision in Construction Contracts
The Limited Scope of Bad-Faith Expert Testimony
Experts: Can You Survive A Daubert Challenge?
How to Produce and Keep Happy Claimants
Prepping an Expert Witness: How Far Is Too Far?
November 2011
Close Attention to Policies Key to Avoiding Cover Fights
First Circuit Holds that Warranty not Exclusive Remedy when Repeated Corrective Efforts Fail
Mediators Should Be More than Traffic Cops!
Attorneys Turn to iPads to Prepare and Question Experts
Wireless Alarms Take Aim at Preventing Copper Thefts
Issues in Handling Professional Liability Claims
Confusion Over Construction Defect Liability Spawns Legal Battles
The Risks Hidden in Construction Specification Formats
Tennessee Supreme Court Addresses Non-Delegable Duties to Subcontractors
Dispute Over Coverage Under Reinsurance Agreement not Subject to Claim for Unjust Enrichment
Be careful with certificates of insurance on construction projects
October 2011
How to Optimize the Value of Inspections
Appraisal is Mandatory in an Insurance Dispute
Contractors May be Liable for Indemnity Obligations Whether Negligent or Not
An Expert Witness Is Above All, Objective
Inconsistency Is the Norm in Construction Liability Coverage
Construction Defect Claim Did Not Harm Homeowner, Court Rules
Seven strategies to manage construction defect risks
Property Loss Cost Containment Strategies: Cheaper Isn't Better
Six Expert Witnesses Banned from Testifying
U.S. Lawmakers Seek to Ban Tainted Chinese Drywall
September 2011
Virginia Court Denies Coverage for Chinese Drywall Claims
Three Cases For The Experts: Disclosure, Deadlines and "Fit" Testimony
Practical considerations to recovery for damages caused by latent construction defects
Strong building codes can save lives
Consumer, but not unlicensed contractor, may enforce arbitration clause
Residents can get federal disaster aid
Between Mediation and Arbitration — Binding Mediation: the Third Alternative
Tennessee High Court hears Botched Home Repair Case
Changes vs. Cardinal Changes: The Limit of Construction Contract Changes
Insurance Lawsuits to Follow Irene
August 2011
Enforcing judgments on construction lien claims in New Jersey
Statutes of Limitations & Construction Litigation
The Occasional Gap Between "Truth" and "Proof"
Connecticut supreme court limits use of malfunction theory in products liability cases
Nevada adopts notice-prejudice doctrine
Court defines "subcontractor" and finds insurance coverage
OSHA announces three-month phase-in for residential construction fall protection
Asbestos Claims on Rise at MetLife
July 2011
Hindsight in bad faith insurance litigation
Eleventh Circuit holds repair of insured's work not covered property damage
Connecticut court holds insurer not entitled to recoupment of defense costs
Property Damage Exclusion Precludes Duty to Defend
Insurance coverage for construction defects
Professional liability risks grow with green construction
Homeowners insurance regulations take effect
E&O for Insurance Agents, Adjusters: Are they More Vulnerable with Coverage?
Chinese drywall settlement for thousands in Florida goes to court Thursday
A list of ways to tackle construction defect cases
Proposed Drywall Settlement Unfair to Victims, Say Attorneys
Construction Law: Legislatures Address Coverage For Defective Construction
New Hawaii Law Seeks to Restore Coverage for Construction Defect Claims
Fixing the construction problem can eliminate insurance coverage
Xactware Releases Aerial Sketch for Xactimate
June 2011
Construction Due Diligence: Sooner Is Always Better than Later
Chinese drywall -- Florida Federal Court rules pollution exclusion does not bar coverage
American Institute of Architects releases AIA Document D503-2011, Guide for Sustainable Projects
Florida Homeowners to Share $55 Million in Chinese Drywall Settlement
Houston Jury Finds for Insurer in $22M Hail Damage Lawsuit
Construction risk management: top 10 issues in construction contracts
Harsh result in dispute over appointed counsel
If Defects Aren't Addressed, Owners Absorb Losses Alone
New Supreme Court decision on design professional tort immunity
Litigating Insurance Coverage for Construction Defect Claims
Treated lumber aims to fight termites, mold
May 2011
Arbitration is the exclusive remedy for disputes over alleged defects in new home
Arizona Supreme Court ruling impacts commercial insurance coverage disputes
The Increasing Importance of Performance Bonds
Florida Gov. Scott Signs Property Insurance Cost Control Bill
OSHA alert — enforcement for residential fall protection begins on June 16, 2011
Oregon Supreme Court declines to reconsider Abraham decision
Overview of the Ch. 558 Process for Property Owners
Replacement Cost Estimating with Xactimate® 27
Building Codes in Effect by State
Florida Judge Rules for Claimant in Drywall Case
Calif. Agents: Tread Carefully When Providing Workplace Safety Advice
One call law limits owner's ability to deny claim for undisclosed utilities
Chartis to Transfer Asbestos Liabilities to National Indemnity Co.
Arch, Liberty Mutual Settle Chinese Drywall Claims Made Against Distributor
Insurance Restoration Specialists, Inc. to Host Insurance Safety Seminar
April 2011
State House to vote real estate insurance bill
Check Out the 2011 Construction Law Update for Construction Cases and Statutes
A Few Notes About the Florida Supreme Court Ruling in Cohn v. The Grand CAI
California contractors can soon be licensed as limited liability companies
AIA Testifies against South Carolina construction defect bill
Sinkhole claims skyrocketing? Well, so are numbers of sinkholes
Connecticut Builders, Fire Officials Spar over Sprinkler Rule
How a Disaster Can Endanger LEED Certification
Landslides: Nuisance or Construction Defect?
Florida’s Top 10 Sinkhole-Prone Counties
April 2011 Price List Update Now Available
March 2011
Senators want hearings on drywall guidelines
Earthquakes, floods, and disasters near and far: policyholders should look for cover in the coverage
Wanted: statutory interpretation
Mediation and Arbitration 101 for Architects, Engineers & Contractors
Georgia Court Holds Insurer Accountable for Contractor's Shoddy Work
What Are the Causes of Construction Defects?
Construction Law: Defective Construction Often An Insurance Issue
The Year 2010 In Review: Design And Construction Defects Litigation
California Builders Do Not Get Two Bites At The Construction Defect Notification Apple
New Fall Protection Rules in Residential Construction
Eighth Circuit clarifies Arkansas law on insurance coverage for defective construction
West Coast Casualty's Construction Defect Seminar
February 2011
Analyzing Coverage For Construction-Defect Liability
Insurers Oppose South Carolina Bill on Construction Defects
A New Construction Defect Case To Sink Your Teeth Into
When Construction Projects Run Into Trouble
Xactware Releases 2010 Property Report for the United States
Seventh Circuit finds coverage for insured contractors that built defective homes
Liening toward clarity: amendments to the Construction Lien Law
South Carolina revisits insurance coverage for defective construction
January 2011
Protecting Against Faulty Workmanship Claims
Ruling worries S.C. contractors: Responsibility for settlements shifts
Choose Your Arbitration Clause Wisely
Tailoring the disputes clause for cost-effective dispute resolution
Chinese Drywall Makers Refusing to Compensate U.S. Homeowners
Connecticut district court grants summary judgment to insurer on bad faith claim
If You Build It, He Will Come (And Sue You)
Drywall insurance coverage still possible
Holy Mau: Florida Federal Court Rejects Continuous Trigger for Chinese Drywall Claims
Construction Defects and Foundation