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

Contractor Loses Malicious Prosecution Action Against Homeowner that had Unsuccessfully Sued the Contractor in Construction Defect Litigation

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

Colorado Statute Concerning Insurance For Construction Defects Does Not Apply Retroactively, But Property Damage Caused By Poor Workmanship Is An Occurrence

Tennessee Supreme Court Addresses Non-Delegable Duties to Subcontractors

Dispute Over Coverage Under Reinsurance Agreement not Subject to Claim for Unjust Enrichment

Ten Commandments of Experts

Riddle for Construction Attorneys: Does Lien Clock Start When Materials Leave Supplier or Arrive At Jobsite?

Understanding the Change Order Process: Strategies to Avoid Waiving Rights to Payment for Additional Work

Is a Homeowner Who Retains and Manages Contractors for His Own Home Improvement Project able to Enforce His Rights Under the New Jersey Consumer Fraud Act (CFA) and New Jersey Contractor's Registration Act?

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

Kentucky Adopts Economic Loss Doctrine but Specific Application to the Construction Industry Remains Unsettled

September 2011

Virginia Court Denies Coverage for Chinese Drywall Claims

Is Defective Construction an Occurrence Under a General Contractor's Liability Insurance Policy in Missouri?

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

When does a general contractor have insurance coverage for damage caused by defective materials from its supplier?

Enforcing judgments on construction lien claims in New Jersey

Two recent New York cases highlight issues to be aware of when structuring excess liability insurance programs

Irene damage less than feared

Statutes of Limitations & Construction Litigation

Green building risks

The Occasional Gap Between "Truth" and "Proof"

Connecticut supreme court limits use of malfunction theory in products liability cases

Insurance company not entitled to a jury trial during a hearing to determine whether an insured's settlement with a claimant was reasonable and not the product of fraud or collusion

Nevada adopts notice-prejudice doctrine

Court defines "subcontractor" and finds insurance coverage

Construction arbitration clause calling for expanded judicial review must be explicit and unambiguous

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

Insurance Issues in the Litigation and Settlement of Construction-Related Claims: Some Practical Thoughts

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

Litigation can pay off

When is defective construction work sufficiently "unsafe" for N.J. statute of repose's protection of defendants?

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

Keep an eye on sb 474 in California: sweeping edits will eliminate traditional indemnity rights and obligations, as well as AIE's in commercial construction contracts

Arizona Supreme Court ruling impacts commercial insurance coverage disputes

The Increasing Importance of Performance Bonds

Florida Gov. Scott Signs Property Insurance Cost Control Bill

A Few Green Building Notes

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

Supreme Court of Ohio to decide whether homebuilders can provide express written warranty in lieu of implied warranty of good workmanship

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

The 2010 standards for accessible design - harmonizing ADA standards with state and local building codes

Senators want hearings on drywall guidelines

Earthquakes, floods, and disasters near and far: policyholders should look for cover in the coverage

Wanted: statutory interpretation

The Georgia Supreme Court holds that defective construction constitutes an “occurrence” under a CGL insurance policy as long as the resulting damage or injury is neither expected nor intended

Mediation and Arbitration 101 for Architects, Engineers & Contractors

Georgia Court Holds Insurer Accountable for Contractor's Shoddy Work

Utah legislators seeking to clamp down on creative efforts to avoid labor costs and misclassification liability

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

Court discussed the meaning of the term “collapse” and employed the discovery rule with regard to a time limitation in the policy

Good news for contractors and developers: Arizona Court of Appeals finds coverage for construction defects

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

What Insurance Lawyers Need to Know About the Impact of Agent & Broker E&O Claims in Construction Projects

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

Re-gifted: the residential Construction Fall Protection Standard will once again serve as the measure of compliance now that OSHA has rescinded its Interim Fall Protection Compliance Guidelines

Tailoring the disputes clause for cost-effective dispute resolution

Chinese Drywall Makers Refusing to Compensate U.S. Homeowners

South Carolina Rules that Faulty Workmanship is not an “Occurrence” and not a covered event under a CGL policy

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

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