Construction Defect & Insurance Claim Research Center
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December 2013
Effective Negotiation of Construction Claims
Insurance Companies Using Preferred Contractors to Settle Claims Not in Policyholders Best Interest
Recent U.S. Supreme Court Opinion Supports Forum Selection Clauses in Interstate Contracts
Unintended Third-Party Beneficiaries Created Through Flow Down Clauses in Subcontracts
A Trap for the Unwary: Construction Contracts Under Seal (Law note)
Construction Defect Coverage Summary 2013: The Business Risks Shift To Insurers
Uncommon Occurrence: New Jersey Assembly Takes Up Bill Covering Contractors for Construction Defects
Construction Defects More Likely to be Accidents for Insurance Coverage
South Carolina Research Lab Aims to Change Building Methods
Crossing the Rubicon – Contract Termination for Total or Material Breach
Emerging Trends And Changing Perspectives On Construction Defect Claims
Dealing With Out-of-State Vendors – Where Can You Be Sued?
November 2013
Supreme Court Rejects Clear Test for Determining Priority of Mechanic’s Liens
The Scarlet Letter: Asbestos Litigation for the New or Low-Profile Defendant
Sovereign Immunity to a Surety’s Subrogation Claims? Not in Georgia
Will Hurricane Katrina Legal Issues Be Resurrected in Sandy Claims?
Florida Supreme Court Limits Economic Loss Doctrine to Product Liability Cases
Building the Visual Foundation of Your Construction Defect Case
It Defends Me, it Defends Me Not: Are You Sure That Your Defense Costs are Covered?
Illinois Supreme Court to Decide Who Pays When the General Contractor Goes Bust
6th Circuit Affirms Award of All Expert Fees, Despite Limiting Attorney's Fees
October 2013
Insurance Policy’s “No Voluntary Payment” Clauses Lose Some Bite in Colorado
Top 10 Questions Regarding Condominium Construction Defects
The Importance Of Expert Witnesses To Support Damages In Insurance Claim Investigations
“Off-the-Cuff Decision” Admitting Expert Testimony Doesn’t Cut it in First Circuit
Time Is of the Essence When It Comes to Residential Construction Liens
Subrogation vs. Right to Repair in Defective Construction Claims
Essential Apps for Trial, Round Two
Construction Risk Insights: A Word to the Wise About Construction Defects
Alabama Supreme Court Weighs in Again on Faulty Workmanship as an “Occurrence”
“Just ‘Cause I Said It, Don’t Mean That I Meant It” – Not When it Comes to Construction Contracts
Colorado’s Federal District Court Finds Carriers Have Joint and Several Defense Duties
The Changing Landscape of Defective Construction Claims and Commercial General Liability Policies
New Home Construction Defects in Georgia: Your Rights Against the Builder
5 Document Management Strategies that Reduce Burdens of E-Discovery in Construction Claims
Be Sure to Keep Up with Mechanic's Lien Changes
Subcontractor Default Insurance — a Cautionary Tale
Tweaked & Overhauled: The Latest on Virginia Construction Law
Claims, Public Records & the Work Product Exception
Resolving Conflicts in Design Criteria
Is Faulty Workmanship an Occurrence Under a CGL Policy? West Virginia Now Says Yea
September 2013
New Mexico’s Economic Loss Rule—It Exists, but Its Limits are To Be Determined
California’s Economic Loss Doctrine – Limits on Tort Recovery
Arizona Court to Architect: You Have One Less Payment Tool than Your Contractor Counterparts
Zhang v. Sup. Ct.: Violation of Unfair Insurance Practices Act May Support Unfair Competition Claim
Construction Concepts Tip #6: Architects
Why Do Lawyers Focus on Certain Things in OSHA Inspections?
Important Terms in Construction Contracts – Part I
Stresscon v. Travelers: A Victory For Policy Holders
Wisconsin Joins Other States Which Regulate Exterior Storm Repair And Insurance Claim Practices
Air Quality Thresholds of Significance Not a “Project” Under CEQA
Soon as I Get Paid - The Use of Joint Check Agreements on Construction Projects
Views From The Expert: The Misuse of the Term “Industry Standards”
Court Rejects Expert Report Update as Too Much, Too Late
The Duty to Defend Is Broader Than the Duty to Indemnify
California Court of Appeal Opens the Door for Construction Defect Claims Outside of SB800
What Role Should the Federal Government Play in Our Industry?
How To More Effectively Use An Expert Witness
Insurer Must Cover Total Amount of Settlement Even Absent Consent
August 2013
Construction Defects: The Duty To Preserve Evidence Of The Defects
With Home Warranties, Getting to Home Base Not Necessarily a Home Run
Establishing Contractor Compliance Programs, Part I
Establishing Contractor Compliance Programs, Part II
Establishing Contractor Compliance Programs, Part III
10 Tips for Navigating the Bad Faith Maze
Waiver of Right of Appraisal in Property Insurance Claims
Two Steps Forward, One Step Back For General Contractors
Three Things to Know about Occurrence-Based Insurance
A (wiki) Construction Defect Timeline: Great Failures in Building History
Arizona Supreme Court has the Final Word—again—on Economic Loss Doctrine
Proof of Loss Pointers and Practical Observations
July 2013
Limitation of Liability Contract Provision Enforced – Hotel Owner Loses $4.1 Million
A Claim Without Foundation — how Concrete are your Definitions?
Top 3 Things Contractors Need To Do When The Actual Work Site Differs From The Expectations
Construction Law Insight: Important Change To Minnesota's Anti-Indemnification Law
Spoliation of Evidence: An Overview of Factors to Consider on a Construction Project
Job Site Accidents Can Lead to Negligent Spoliation of Evidence
Spoliation in Minnesota Construction Defect Cases: The Duty to Preserve Evidence is Not Absolute
Spoliation: Notice and Opportunity to Inspect
Indemnity Clauses, Anti-Indemnity Legislation and Additional Insureds
Implied Warranty of Habitability
Economic Loss Rule and Tort-based Claims
Replacement Cost Property Policies Cover Contractor's OH&P -- says Florida Supreme Court
Indemnity for Active Negligence or Willful Misconduct now Prohibited in California
West Virginia Joins Increasing Majority of States Finding Coverage for Defective Construction
Personal Property Insurance: You Are What You Own
Pay-if-Paid Clauses and Payment Bonds
Can Expert Statements Inadvertently Waive Protection?
June 2013
New Considerations With Respect to Statute of Ultimate Repose
Solar Construction: Too Hot to Handle?
What Lies Ahead As Florida Transitions To Daubert
New York Court Refuses To Limit The Scope Of Appraisal
Say it Ain’t So Joe! – Developer Learns There is More Than One Meaning for SOL
Contractual Obligations to Indemnify and Insure: the Language Does Matter
Owner and Developer Implied Duties in Construction Projects
Rick Scott Signs Expert Witness Standard Overhauls into Law
Home Insurance Bill Protects Against Dropped Coverage After Loss From Catastrophe
CT Supreme Court Capstone Decision Limits Scope Of Insurers’ Liability
6 Factors Impacting the Claims Caseload
May 2013
When Is The Best Time To Hire An Expert?
Resulting Property Damage To Non Faulty Work Is An “Occurrence”
Understanding Florida's Mechanic's Lien Laws: What Is A Notice Of Commencement?
Confusion Over Construction Defect Liability Spawns Legal Battles
Appraisal May be Appropriate in New York, Even if There Are Coverage Issues
Legal Matters: Law Clears up Confusion on Defect Claims
Will My Construction Defect Claim Be Covered In Texas
50 Top Apps for Independent Agents
The Mechanics of Mechanics Liens
Florida Enacts Law to Protect Design Professionals
A Step in the Right Direction: Appraisal Awards Satisfy Condition Precedent to Bad Faith Actions
Xactware Provides Pre- and Poststorm Roof InSight
Two Cases Analyze Faulty Workmanship Claims Under CGL Policies, With Contrary Results
Cracked Houses: What the Boom Built
Florida Appellate Court Holds Water Loss That Results From A Deteriorated Pipe Is Covered
Missed Your Lien Deadline – What Now?
In Faulty Workmanship Cases, Insuring Clause Dogs are Wagged by Exclusion Tails
Careful Drafting Can Prevent Dispute Clauses from Being Ignored
Surviving a "Gatekeeping" Challenge – Expert Rulings Shed Light
April 2013
Views From The Expert: Top 3 Liabilities Facing Design Professionals
Expert Witness Bill Could be in Jeopardy
Consulting Experts – The Danger of Discovery
Lawmakers Kill Lawsuit Limits on Condo Defects
Space Mountain Closed: Three Disneyland Attractions Closed for OSHA Violations
Florida Property Owners: Be Aware Of This Procedure Before Filing A Construction Defects Claim
Construction Corner: the Legal Consequences of Construction Delays – (a Refresher)
Superstorm Sandy: Multiple Occurrences Could Help Maximize Coverage
California Plumbs The Depths Of Water Damage Exclusions
Drowning in a Sea of Tort: The Florida Supreme Court Reels in the Economic Loss Rule
Pay-If-Paid Clauses: Unfairness in Private Construction?
Insurance Carriers Have Duties Too Once They Receive Notice Of A Loss
Should Insurance Companies Fight Their Customers During Appraisal
Umpire Selection--Can a Neutral Umpire Really Be Selected?
Differing Site Condition Denial
Views From The Expert: The Misuse of the Term “Industry Standards”
Contractor Insurance Issues - Are You Covered?
March 2013
Construction Law And Litigation Committee Newsletter - Economic Loss Rule
Complying With New ADA Standards For Accessibility
Two Recent Cases Underscore Daubert’s Flexibility
California Supreme Court Case Sets New Standards for Expert Testimony
The Architect's Role In The Construction Project
Arbitration or Arbitrary? A Guide to Help You Decide Whether to Arbitrate Construction Disputes
Essential Provisions In A Construction Contract
Supreme Court Insurance Ruling a Setback for Class Action Claimants
Who is liable for faulty Florida construction, insurer or contractor?
Awesome Apps for Adjusters- Part I
Importance of Using Consistent Terms in a Construction Contract
When Negligence = Murder: Building Defects Result in Manslaughter Charges
Bad Faith Statute Available to Additional Insured for Defense Costs Reimbursement
Oopsy Dixit: Expert Witness Challenges
New York and New Jersey Announce Mediation Program for Superstorm Sandy Related Insurance Claims
Texas Court – Appraisal Award Insufficient to Defeat Insured’s Breach of Contract Claim
Do Expert Witness Fees Impact Access? High Court Considers
February 2013
Contractor Obligated To Care for Its Collaborative Partner, the Designer
Mechanic's Liens: is it too Late?
Is Defective Construction an “Occurrence”? The Answer isn’t so Concrete
Insurance Companies Beware: Refusing to Pay Sinkhole Claims May Lead to Bad Faith Damages
State Courts Limit CGL Coverage for Property Damage Arising from Defective Construction
Lay Down the Swords and Mediate your Construction Dispute
Regulating the Appraisal Industry---Is it Time?
Insurance Appraisal as an Insurance Claim Dispute Resolution Tool
Construction Defect Claims, Part 2a: Defining An Occurrence
Appraisals, Breach of Contract and Bad Faith: Is There a Connection?
January 2013
State Farm v. Campbell Should Be Revisited – Punitive Damages in Insurance Bad Faith Claims
The Hidden Dangers of Construction Defect Litigation: A Redux
What Pet Peeves Attorneys have about Professional Clients
First Expert Rule: Keep It Concrete
Do Not Become a ‘Damaged’ Expert
Late Expert Disclosure & Sanctions – Is ‘Clarity’ Needed?
Are we About to See a Flood of New OSHA Rules?
Cause and Effect: Managing the Construction Defect Claim
CGL Coverage - "Occurrence" Defined in Ohio
The Strange Case of the Losing Winner
Legal Matters: A Closer Look at Four Pivotal Construction Law Cases
New Wave of “Occurrence” Statutes Doesn’t Affect Old Policies