Construction Defect & Insurance Claim Research Center
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Lessons From Recent Decisions on Bad Faith Litigation
Honoring Key Deadlines may be the Best Defense to Potential Bad Faith Claims after Sandy
Pennsylvania Court Finds No Coverage for Construction Defect Claims under General Liability Policies
Second Circuit finds that Insured’s Notice to Broker is not Notice to the Insurer and Precludes Coverage for Property Owner’s Damage Claim
Are You Driving Your Adjuster Clients Crazy? Ten Things Lawyers Do That Make Clients Want to Tear Their Hair Out
Construction Defect - The “Completed and Accepted” Doctrine and Architects’ Liability”
In Construction Disputes, Tell the Story
Statutory Change to Definition of "Occurrence" not Retroactive
Does a Bad Faith Cause of Action Survive an Appraisal Award? The Answer May Be, "It Depends."
Ruling: Homeowners Improperly Denied Insurance Discounts
Insurance Coverage Update for Pennsylvania Builders
Developers May Require that Construction Defect Disputes be Resolved Through Arbitration
Attorney: Why Companies Should Fight more OSHA Citations
Connecticut Supreme Court Rules Statutes of Limitations and Repose do not Generally Apply to the State
Property Damage, Experts And Damages
Citizens Property Bad Faith Case Must Go to Trial
Windstorm Will Be an Issue for Texas Lawmakers
Expert Advice: Four Steps for Effectively Selecting and Managing Forensic Partners
Construction Insurance Fundamentals
Some Suggestions for New Attorney Fees Clauses
The Risks of Selling Materials to Deadbeat Subs
A National Cat Fund is Long Overdue
After Superstorm Sandy, a National Catastrophe Fund is Still a Bad Idea
Experts Face Fewer Challenges in Court, Survey Says
Dispute Resolution Provisions In Construction Contracts
Ohio Supreme Court holds Faulty Forkmanship is not an Occurrence
The Call to Arbitration in Construction Defect Litigation
Better Building Codes for Better Insurance
Construction Defect Complaint Alleging Negligent Misrepresentation may Trigger Insurance Coverage
Condominium Developers Can Require Arbitration for Construction Defect Lawsuits Through Project CC&Rs
Utah Supreme Court Discusses the Economic Loss Rule and a Builder's Duty to a Homebuyer in a Construction Defect Case
Claims Handling Through a Prosecutor's Eyes Five Techniques to Enhance How Investigators and Adjusters Approach Fraud Cases
The Arranged Marriage Solving the Relationship Issues Facing Restoration Contractors and Insurance Carriers
Insured Who Rushed to Sue Must Submit to Appraisal
When do “Duty to Defend” Principles Apply to a “Duty to Pay” Policy?
Construction lender wins coverage dispute with title insurer—new 7th Circuit decision
EPA’s Lead: Renovation, Repair and Painting Rule Pushed to 2015
Assignment Of A Claim To Another Does Not Necessarily Relieve The Assignor Of Their Obligations Under Policy Of Insurance
The Calm After the Storm: Florida Supreme Court Issues Anticipated Hurricane Related Bad Faith Opinion
Texas Supreme Court Reiterates Cost to Repair Property Must Be "Reasonable and Necessary"
ABA Rejects Proposed Expert Witness Guidelines
Mediating Construction Disputes - Understanding Different Approaches and Strategies
No Coverage for Counterclaim Alleging Construction Defects Pled as Breach of Contract
More About Experts in Insurance Cases
Minnesota Supreme Court rules that insurer must advise policyholder to request an arbitration award that allocates between covered and noncovered claims
Consumer Fraud Act Counterclaim Against General Contractor Denied to Homeowner who used Architect as Intermediary to Manage Construction Project
Is there a Duty to Defend for Breach of Contract?
Can Surveyors, Construction Managers, Architects And Other Design Professionals Engaged By The Owner Of Real Property File A Construction Lien?
Standard of Review for Appealing Bid Protests
Creativity can Forfeit a Construction Lien
Failure of Expert Testimony on Alternative Designs Dooms Claim
Minnesota Court of Appeals Rules that State Building Code Trumps Contrary City Regulations
When Faced with "no," Build a Golden Bridge to Resolve a Dispute
Construction Law - the History is Ancient!
Finding the Perfect Expert Witness: Why an Expert Must Wear Many Hats
You're Headed to Court - Now What?
To Testify or Not to Testify: Re-Designating An Expert Witness?
Recent Developments in Construction Defect Insurance
Insurers Urge Incentives for States to Adopt Stronger Building Codes
Anti-Assignment Clause In Insurance Policy Does Not Prohibit The Assignment Of Claim
Federal Court Ruling On Florida Statute Of Limitations
Handling Building Products Class Action Suits
Does Your General Liability Policy Cover Construction Defects?
Courts Are Conflicted As To Whether "Good Faith" Settlement Determinations Can Be Reviewed Via Writ Petition Or Appeal
Wisconsin Holds That Insurer's Failure to Reserve Rights Does Not Waive Its Ability to Deny Coverage Based on Coverage Clause
Texas Supreme Court Applies "Economic Loss Rule" Defense in a Construction Defect Case but Leaves Big Question Unanswered
Happy 4th of July! Enjoy the Barbeques, Fireworks, and...Denied Claims?
Taking and Defending an Adjuster's Deposition
Fifth Circuit Holds that Absence of Duty to Defend may not Necessarily Preclude Duty to Indemnify
Xactimate 101: The Basics
The Katie Froeschle Story: A Safety Message for All On-Site Professionals!
California Statute Limiting Defense Costs does not Apply Where Carrier Denies Coverage
Georgia Supreme Court Decision Expands Coverage Under CGL Policies
Illinois Court Requires Insurance Carrier to Defend a Construction Defect Based on Negligent Misrepresentation Claim
Georgia Supreme Court Sanctions Coverage for “Diminution of Value” Caused by Damage to Insured Commercial Property
Red Flags: Digging Deeper in Claims Investigation
New Risks Without Rewards: More OSHA Liability for General Contractors
Modern, Enforced Building Codes Critical to Reducing Storm-Related Damage, says IBHS
Does your Subcontractor's Certificate of Insurance Say Too Much or Too Little?
Insurance Institute For Business and Home Safety Pushing For Residential Fire Sprinkler Requirements
Pulling the Right Trigger: Identifying the Appropriate Insurance Policy Trigger Approach at the Inception of a Construction Defect Coverage Case
Wall Saves Condo Community $411K on Flood Insurance
Do Asbestos Rip-out Claims and the “Abandoned Materials” Policy Exception Neutralize the Impact of the Completed Operations Aggregate?
Defining Undefined Loss Exposures in Green Construction
Design Basics, LLC v. Roersma & Wurn Builders, Inc.
Construction Law Alert: North Carolina to Enforce Attorney Fees Clauses
Assessing Structural Damages After the Storm
Insurance Coverage for 'Hidden' Lien Claims in NC Disappearing
In Preparing for the ‘Big One,’ Don’t Forget Insurance
Legal Firms Want to Learn More About Hurricane Irene Recovery Problems
New Jersey Courts Recognize Arbitration Demands as "First Filings"
Who’s at Fault?
Builder Waits too Long to Dispute Contract in Construction Defect Claim
Use of Claim Reporting Disclaimers: Impartial, Disinterested, and Without Prejudice
Six of Your Peers or an Experienced Judge: The Implications of Arbitration In Place of a Jury Trial
Construction Defect Insurance Coverage Decided by Colorado Court
Insurance Coverage for Defective Workmanship - Part 4 of 4 - What's a Contractor to do?
Court Spells Out ‘Red Flags’ to Watch for in Experts
You Snooze, You Lose: The Statute of Limitations for Construction Defect Claims in Florida
Colorado Court Of Appeals Issues New Construction-Defect Coverage Decision
Insurance Coverage for Defective Workmanship - Part 3 of 4- Legislative "Clarification"
Pay-if-paid Provision Negated
Preserving Evidence on the Jobsite
Claim Investigation: For the Perspective Plaintiff
Expert Was Free to Change his Mind, 8th Circuit Rules
Arbitration Versus Mediation
Insurance Coverage for Defective Workmanship - Part 2 of 4- Duty to Defend
Contract is (Still) King
No "Occurrence" Where Specific Breach of Construction Contract Claims
Construction Insurance Rates Rising
The Six Universal Advantages of Mediation
New Oregon Bad Faith Insurance Law Tabled in Committee
Insurance Coverage for Defective Workmanship - Part 1 - Duty to Defend
Not All Construction Defect Actions Exempt from the Pilot Project on Civil Procedure Rules
Do Subcontractors Get a Free Pass for Construction Defects?
Construction Site Operators Must Consider New EPA Revisions to the Stormwater General Permit
Construction Defects: How Building Flaws Can Create Contractor Liability
Exact Dates Not Needed for Construction Defect Insurance Claim
OSHA Extends Residential Construction Enforcement Policies
Undercover Home Improvement Investigation
Ohio Court Finds No Coverage for Construction Defect Claims
Court Upholds Travelers vs. Reinsurers in Big Asbestos Award
Court Rules that Extrapolation Evidence is Admissible in Construction Defect Dispute
Insurer Must Cover Construction Defects Claims Under Actual Injury Rule
Court of Appeals Holds that Construction Defect Statute of Repose May Run From Completion of a “Discrete Component” of a Larger Project
Top 20 Contract Issues for Contractors and Subcontractors
Money Talks: Exposing Bias Using Expert Witness Fee
In Federal Court, Judges Act As Gatekeepers In Deciding Whether To Admit Expert Testimony
Changes to Lien Laws Create Opportunities for Contractors and Pitfalls for Owners
Construction Defect Claims: Three Myths About Which Every Claims Director Should Know
A New Friend for Insurers - Amendments to Rule 26 Could Benefit Subrogation Efforts
Insurer Not Entitled to Summary Judgment on Construction Defect Claims
Refusal to Respond, Among Other Things, Results in Bad Faith Against Carrier
Inside Insurance: Georgia, Other Southern States Show Wide Disparities in Assessment of Residential Building Code, Enforcement Systems
No Liability for Others' Asbestos Products
10 Predictions for Litigation in 2012
Newly Discovered Damage Should Be Addressed During Appraisal
Supreme Court of Utah Addresses Allocation of Defense Costs Among Insurers
'Not Whether, but How' to Improve Insurance Regulation
Expert Testimony Failed to Meet Daubert Standard
Third Circuit, Reversing District Court, Holds Subcontract Payment Clause Shifted Risk of Nonpayment by Owner to Subcontractor
U.S. District Court in Michigan Denies Performance Bond Claim for Contractor's Failure to Meet Conditions Precedent – also holds that Surety may Proceed with Overpayment Defense and Counterclaim
U.S. District Court for Western District of Virginia Allows Constructive Acceleration Claim to Proceed
'Flood House' Gives Close-Up of Water Damage
Risk Management Concerns on State Agendas for 2012
2011 Record Year for Natural Disasters
Mold Removal Confusion
2015 2014 2013 2011 2010 2009-2005