Construction Defect & Insurance Claim Research Center

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December 2014

5th Circ. Rejects Insurer's Call To Review Home Defect Ruling

It's Not the Crime, It's the Cover-Up: Equitable Estoppel in Construction Defect Claims

Trust But Verify - Lessons in Handling Bad Faith Litigation

New Jersey’s Independent Contractor Rule

Calculating Actual Cash Value, Part 1: Florida

Utah Joins the Growing Fold: Damage from a Faulty Product is an Occurrence under a CGL Policy

Oregon Court Denies HOA’s Effort to Proceed Against Subcontractors for Construction Defect

Like Hats and Belt Buckles, Indemnity Agreements in Texas Must be CONSPICUOUS

Clarifying Bad-Faith Jurisprudence in Virginia, Federal Court Recognizes Bad-Faith Claim Against First-Party Insurer

Iowa Court: Construction Defect Remedy Doesn’t Extend to Banks, Developers

Important Decision in Favor of Policyholders on Matching Issue

Florida Appeals Court Provides Guidance on When an Insured’s Bad Faith Lawsuit is Ripe

Just What Does "Amount of Loss" Amount to in Appraisal Clauses? (Part 3)

How Immediate Is "Prompt" In A Contract? New Delaware Supreme Court Justice Vaughan Finds That It Depends

When ACV is RCV Less Depreciation

Today’s Contracts Enforceability Issues, Part II: Those Pesky Forum Selection Clauses

Designing for Disaster: How Architectural Details Help Keep the Roof Over Your Family Sheltered from a Storm

Replacement Cost Value and the Insured’s Duty to Repair

Tenth Circuit: Property Damage Surrounding Defective Windows Is an “Occurrence” Because Damage Is Unexpected from Insured’s Perspective

Is the Duty to Defend Broader than the Duty to Indemnify? Your Insurer Doesn’t Think so, and Surprisingly, Some Courts Agree

Voluntary” ≠ “Obligatory”: Good Deeds Do Not Trigger Coverage

Nevada Construction Defect Law Litigations Primer

Everything You Ever Wanted to Know About Slip and Fall Accidents (w/infographic!)

Apartment Complexity: Appellate Court Sorts Out Multiple Coverage Claims for Construction of Uninhabitable Residence

In Praise (or Not) of the Appraisal Clause in Homeowners Policies (Part 1)

In Praise (or Not) of the Appraisal Clause in Homeowners Policies (Part 2)

New Jersey Court: Loss of Use – Without More – Can Be “Direct Physical Loss or Damage”

Insurers Push Back Against Judge's Order on Hurricane Sandy Cases

Time Limit on Filing Certain Construction Lawsuits Extended

Keeping Pace with Texas Hail Claim 'Case-Runners'

Safeguard Your Litigation Privileges When Working With Insurance Brokers On Complex Insurance Claims

Legal Aspects of Managing Construction Projects in Massachusetts:

States Consider Stronger Building Codes in Hurricane-Prone Areas

Seventh Circuit: Under Wisconsin Law, “Continuous or Repeated Exposure” Language Means That a Continuous Trigger Theory Applies

Municipalities take Construction Defect Laws into their Own Hands

Statutory limit on change orders bars contractor claim in Virginia

November 2014

Challenges to the Admissibility of Expert Testimony: How Concerned Should Experts Be?

No Good Deed Goes Unpunished

Mediation Privilege Bars Reopening Previously Settled Suit in Bankruptcy

Owner/General Contractor with Right to Control Work and Worksite may be Exposed to Claims by Subcontractors' Workers' for Safety-Related Issues

Fifth Circuit Reaffirms the Importance of a Reasonable Claim Investigation Prior to Denial

Ask the Experts About Bad Faith; Just Be Careful How You Do It

New California Mechanics Lien Case Sheds Light on 10 Common Issues

What the Hail is Going on with Texas Insurance Claims?

Appraisal Of Insurance Losses And The "Actual" Definition Of "Actual Cash Value"

A Contractual-Liability Exclusion to Insurance Coverage Might Not Apply to Defective-Work Claims Against a Contractor

Fifth Circuit Addresses Contractual Liability Exclusion

Attack on Citizens’ Bad Faith Immunity Receives a Chilly Reception at Florida Supreme Court

Who is and who is not Covered by a Public Project Miller Act Payment Bond?

New Jersey Court Holds $22 Million “Named Storm” Deductible Applicable to a Superstorm Sandy Loss

5th Circuit Changes Mind in Construction Case

Legal Implications of Construction Defect Claims

Fair and Impartial Appraisers in Colorado

When is a Showing of Prejudice Required to Determine Waiver of Appraisal

General Contractors Can Be Sued by a Subcontractor’s Injured Employee

Court Interprets “Substantial Completion” to Extend Repose Period

To Survive An Earthquake, This House Slides Instead Of Shaking

Daubert Decisions not Just for District Courts Anymore

Heaven & Hail: Hail Insight and the Damage it Brings

Florida’s Second District Holds that Once Coverage is Established a Dispute over the Scope of Necessary Repairs Falls Squarely within the Scope of the Appraisal Process

Can a Contractor be Liable to Second Buyers of Homes for Construction Defects?

Pennsylvania - Late Notice: Claims-Made Policies & Notice-Prejudice

Texas Supreme Court Limits the Enforceability of No-Delay-Damages Provisions

Navigating the Illinois Anti-Indemnity Statute and Case Law

Pennsylvania Court: Inaction When Damage is Known to Be Likely is Enough to Render the Loss Non-Fortuitous

October 2014

Class Analysis Not Needed in Construction-Defect Case

Structural Deficiencies in Roof Collapses Can Lead to Subrogation Opportunities

They Covered What? You'll Never Believe these 11 Home Insurance Reimbursement Stories

Enforcing Notice Provisions in Construction Contracts in the United States

Oregon Bad Faith Insurance Lawsuits

Contractors Need to Be Involved in the Claims Process, BELFOR CEO Says

Concrete Is Not As Strong Of A Building Material As We Thought

Contractors: Beware the Subordination Clause

Mechanic’s Lien Reigns Supreme in the Battle of a Project Default? Not for a Waiving General

"Fairly Debatable" and "Two Times the Covered Benefit" Under Colorado law

Missouri Court of Appeals Affirms Award of Compensatory Damages Against Insurer Based Upon Bad Faith Failure to Settle and Overall Failure to Handle Construction Defect Claim In Good Faith

Massachusetts Federal Court Declares Insured’s Construction of General Liability Policy “Irrational”

Lakewood's Challenge to Colorado's Defects Law likely to be Settled in Court

Steel Framing Association Aims to Raise Construction Standards

Navigating The Maze - Asserting And Defending Claims Arising From Renovations, Remodels And Repairs

Required Contract Provisions for Construction Contracts in California

All California Contractors and Subcontractors Involved with Public Works Projects Now Required to Register With State by March 1, 2015

Is that Covered? "Additional Insured" Coverage for Claims brought by Employees of Named Insured

Witnesses Say The Funniest Things

Construction Defect Claims Tackled By Lakewood

Construction Defect Claims: What’s at Stake, who’s at Risk

Why Home Inspectors Should Know Building Codes

A National Loss Study: The Billion Dollar Impact of Underestimated Roof Age

Insurer’s Liability for Breach of Contract Is Not a Condition Precedent to Insured’s Bad Faith Claim

Major Step Forward for California Design-Build: SB 785 Signed September 30, 2014

How to Build to Withstand a Natural Disaster

Nebraska Appellate Court Gets Down to Earth to Hold That Faulty Workmanship Standing Alone Is Not An “Occurrence”

Limitations on Discovery: Going Behind the Face of an Appraisal Award

The Legal and Financial Consequences of Moving to a More Contractor Friendly No-Damage-For-Delay Clause

Connecticut Supreme Court Construes “Active Interference” Exception to “No-Damage-for-Delay” Clause

With Sewers Backing Up, Messy Damage Claims are On the Rise

September 2014

Oregon’s New Construction Codes Raise the Standards for Energy Efficiency Housing

New York Federal Court Upholds Earth Movement Exclusion Where Soil Settlement Contributes to Collapse

Pennsylvania Court Addresses What is a Coverage Dispute for Appraisal Purposes

No-Damages-For-Delay Provision Does Not Shield Owner from Liability for Deliberate Interference With a Contractor’s Work

A Wave of Insurance Coverage Issues After Superstorm Sandy

The “Your Work” Exclusion—Is there a Trend Against Coverage?

If Rainwater Lands Where it Doesn’t Belong, It’s Still “Surface Water” in the Eleventh Circuit

The Economic Loss Rule Applies Only to Products Liability Cases, at least in Florida

In Florida, an Appraisal Award May Be a Final Determination of Liability For a Bad Faith Case - Update 2

10 Inside Secrets to Better Construction Expert Witness Depositions & Testimony

Florida Appellate Court: “Coverage Liability” Can Be Basis for Bad Faith in Suit Involving First Party Appraisal

In Florida, An Appraisal Award May Be A Final Determination Of Liability For A Bad Faith Case - Update

Florida: Coverage Determination, Not Breach of Contract, Permits Bad Faith Litigation

The Evolving Definition of Occurrence

“P3” is Way More than a New Buzzword

Tips on Avoiding Bad Faith Landmines During Trial

Texas Court Lays Out a Useful Roadmap of the Defenses to a Hailstorm Claim

August 2014

California’s Right To Repair Act Is Not A Homeowner’s Exclusive Remedy When Construction Defects Cause Actual Property Damage

Pay Attention to Indemnity Provisions in Construction Contracts

Tweaking the Federal Rules of Civil Procedure

Home Builder’s Commercial General Liability Insurance Policy Does Not Cover Faulty Workmanship of Subcontractors

Texas Supreme Court Applies Economic Loss Rule To Limit Tort Claims By Contractors Against Owner's Design Professionals

Contractors Beware - be Careful in Settling a Construction Defect Claim Without your Insurer's Prior Consent

California Court Holds: A Flash Flood is....a Flood

Is Chinese Cast Iron Piping the Next 'Chinese Dry Wall' Epidemic?

Texas Supreme Court Offers Causation Guidance in Mesothelioma Cases

Engineer who Placed his Seal on Allegedly Defective Design Plans did not have an Independent Tort Duty to Owner

Warning: A Builder Who Rejects Assigned Counsel May Jeopardize Insurance Coverage

Whether Faulty Workmanship Constitutes an "Occurrence" Continues to be Revisited by Courts Across the Country

Engineers to Simulate and Model Tornado Winds and their Effects on Buildings

Choose your Words Wisely: the Allegations in a Construction Defect Complaint

Additional Insured Coverage and Contractual Assumption of Liability

“Your Work” Exclusion Bars Coverage for Tearing Down & Rebuilding Wall

5 Ways Contractors are Building More Disaster-Resistant Homes

Fifth Circuit Holds Contractor may not Assert Set-off for Defective Work Because it Failed to Comply with Subcontract Provisions for Notice and Opportunity to Cure

July 2014

Insurance Coverage – Duty to Defend – Construction Defects

Alabama Supreme Court Reverses Course, Finds Insurance Coverage For Faulty Workmanship Claims

The California Supreme Court Decides In Favor Of Homeowners In Disputes With California’s Architects

Ohio Supreme Court Clarifies What is a “Pay-if-Paid” Clause

Design Professionals Owe a Duty of Care to Homeowners

ISO 2013 Additional Insured Endorsements Revisions - what the Construction Industry Needs to do

Privilege Issues Are Important in Homeowner Association Construction Defect Litigation

New York Passes Legislation Allowing Appraisal to Determine "Scope of Loss"

California Supreme Court Upholds Design Professionals' Duty to Future Residential Purchasers

Public Policy Limitations on Indemnity for Sole or Partial Negligence

Are the Necessary Components Making Up a Roof Divisible and Separate?

New York Appeals Court Rules in Favor of Insurer in Defective Construction Claim

In California, Drywall Should Not be Depreciated When Calculating Actual Cash Value

Insurance Law Alert: Incorporation of Defective Work Does Not Result in Covered Property Damage in California Construction Claims

"Pollutant" Exclusions in Property Insurance Policies, Part 3

American Arbitration Association Announces New Supplementary Rules for Construction Cases

Does Your Arbitration Agreement Inadvertently Expose you to Liability for an Unlimited Time?

Does Your Insurance Cover Construction Defects?

Are Your Construction Contracts' Forum-Selection and Choice-of-Law Clauses Enforceable?

June 2014

Are Your Construction Contracts' Forum-Selection And Choice-Of-Law Clauses Enforceable?

Connecticut Holds that When a Lapsed Policy is Reinstated, Coverage is Only Restored Prospectively

Understanding Common Contract Provisions That Will Impact Your Business.

Determining Design Errors in Commercial and Residential Structures

New York and New Jersey Hold Fast to No “Occurrence” for Faulty Workmanship Claims

Job Safety and Risk Factors in Construction

Say What??!! When is There an Enforceable Agreement in the Subcontractor Bidding Process?

Construction Defect Disputes and the Abandoned Policyholder: Getting the Carrier to the Table

New Developments Related to SB 800

Hey, That's Not the Insurance Coverage That We Agreed to - Lessons on Reformation of an Insurance Policy, Part I

Hey, That's Not the Insurance Coverage That We Agreed to - Lessons on Reformation of an Insurance Policy, Part II

Adjuster May Be Personally Liable for Negligent Misrepresentation

Claim Ruler Software Announces Integration with Xactware to Enhance Property Claims Management and Claims Analytics

Certification And Its Discontents: Rule 23 And The Role Of Daubert

The Standard of Care in a Design Build World

How to Survive an OSHA Audit

May 2014

A Blueprint for a Successful Construction Mediation

Swimming Against the Tide on Coverage for Faulty Workmanship

Expanded Definition Of "Occurrence" Did Not Convert Construction Defect Into Insured Claim

Common Law Implied Warranties in Construction

"Pollutant" Exclusions in Property Insurance Policies, Part 1

"Pollutant" Exclusions in Property Insurance Policies, Part 2

Contracts for Contractors – a Best Practices Guide

Study Suggests Building Codes Can Cut Energy Use—at a Price

How Building Codes are Being Used to Prepare for the Next Hurricane

Second Circuit Court of Appeals Decision Clarifies Time to File Suit Requirement in New York

General Contractor may be Liable for Subcontractor’s Failure to Assign Work as Required by Project Labor Agreement

Illinois Legislature may Restrict Arbitration as Option for Resolving Condo Association-Developer Disputes

Xactware Case Study Reveals How Louisiana Citizens Property Insurance Transformed Its Catastrophe Claims Handling after Hurricane Katrina

Supreme Court of Michigan Rules in Favor of General Contractor and Clarifies the Accrual of Indemnification Claims in the Construction Industry

Are Construction Dispute Claims By The State Ever Time Barred? Depends.

Court of Appeals Reversed Trial Court on Decision to Exclude an Out-of-state Construction Expert Witness

Construction-Defect Bills Make Late Advance in Colorado Senate

"Code Officials: Keeping Fire in its Place" is the Theme for the International Code Council's Building Safety Month Week 1

Alabama Supreme Court Clarifies Position on Construction Coverage Question: Damage to Contractor’s Work Resulting from Faulty Workmanship Does Constitute “Property Damage” Caused by an “Occurrence” under Standard CGL Policy

April 2014

Did You Unknowingly Sign Away Your Ability To Sue? Double Check Your Construction Agreement!

What Makes a Copy-Cat a Copy-Cat? The Complex Case of Architectural Copyright

Tax Court Upholds Real Estate Development Co. Application of Completed Contract Method of Accounting to Home Construction Contracts

D.C. Court Applies Common-Sense Limits to Davis-Bacon Act

California Court Holds an Adjuster May Be Personally Liable for Misrepresentations Made to the Insured

National Trends Driving Asbestos Litigation in 2013-2014 (1 of 3): Decrease in Non-Impairment Filings

10th Circuit Posits 'Unifying Theory' for Daubert Gatekeeping

Cal OSHA Operating Rules for Compaction Equipment and Hand Protection Effective July 1, 2014

Calfornia Court Of Appeals: Discrepancy Between Insurer’s Initial Repair Estimate And Actual Cost Of Repairs Did Not Constitute Bad Faith

Empower Your Arbitrator to Allocate or Award Attorneys' Fees

Ignoring Statutory Obligations May Breach an Insurance Contract

Pennsylvania Court Confirms That "You Can’t Fight City Hall" Also Applies In The Construction Defect Context

When Winning a Trial is a Bad Thing

Insurance Coverage - Liability of Adjuster for Negligent Misrepresentation

General Contractors Beware: Coverage Under Additional-Insured Endorsement to Subcontractor’s CGL Policy May End When Subcontractor’s Work is Complete

Insurance Law Alert: California Appeals Court Allows Joinder of Employee Adjuster to Bad Faith Lawsuit Against Homeowners Insurer

Experts and Photos - Clearing Up Collapse Coverage, Part V

District Court Rejects Novel Extension of the Davis-Bacon Act

Property Owner Is Strictly Liable For Building Code Violation

In a Reversal, Alabama Supreme Court Joins the Majority

Waiver of Change Order Requirements? It Can Happen.

Construction Law Alert: Long Term Express Warranties

Proving and Winning a First Party Bad Faith Case, Part 5 - The Nuts and Bolts of Discovery

Snowmelt, Heavy Rain, Floods and the Myth of Coverage

Defective Construction Claims: Where Breach of Warranty and Covered Occurrences Merge or Divide

The Supreme Court Makes Forum-Selection Clauses Easier to Enforce

Ongoing or Completed Operations? Fifth Circuit Finds No Duty to Defend Contractor Under Additional Insured Endorsement

Implied Waiver of Arbitration Clause Through Active Litigation -- Tuscan Builders Case Summary

The Implied Duty of Good Faith and Fair Dealing Lives!

Lien and Bond Notice Pitfalls - Details Matter

Fee Allocation in the Schedule of Values

Why Contemporaneous Project Scheduling is Important

March 2014

Additional Insured Endorsement – What Coverage Does it Provide?

Construction Workforce Trends Point to Increased Risk on Construction Projects

Xactware Streamlines Pack-Out with Release of ContentsTrack

Colorado Construction Defects Bill is on its way, but Details Remain Unknown

Enforcing Your Arbitration Agreement Just Became a Great Deal Easier

And So it Begins . . .

California Builders’ Right To Repair Is Alive

TOLLING AGREEMENTS: Construction Defect Lawyers use them to Preserve Association Warranty Claims during Construction Defect Negotiations with Developers

Construction & Engineering Briefing - March 2014: Caps on Liability - how are they applied by the courts?

Insurance Coverage for Defective Construction: Litigation, Legislation and Reaction

Collapse Claims Make National Headlines - Clearing Up Collapse Coverage, Part IV

EPA Requiring Best Practices at Construction Sites to Control Erosion

Rule 26: Major Changes for Attorneys and Experts

Utah Supreme Court Rejects OSHA’s Multi-Employer Citation Policy

Substantial Compliance with Mechanic’s Lien Statutes is Sometimes Sufficient

Yes, SIR - Florida Supreme Court says Third-Party Payments can Satisfy Self-Insured Retention

Construction Law Client Alert: California’s Right to Repair Act (SB 800) Takes Another Hit, Then Fights Back

Recent Court Decision Threatens to Expand Home Builders' Liability for Construction Defects

“Additional Insureds” are not Always Afforded Coverage for Defect Claims

Study Says N.Y. ‘Scaffold Law’ Drives Up Construction Costs, Causes Injuries

February 2014

Caution Among Homebuilders

Admitting Animations into Evidence

Is OSHA's New Silica Law Flawed?

Key Insurance Decision: Contractual Liability Exclusion Revisited and Restricted

It's Good to Read up on Lien Law

Farmers Insurance Switches to Xactware's Claims-Handling Solutions

NEW DEFECT WARRANTY LAWS – Now Applicable to Condominiums and HOAs transitioning from Developer to Homeowner Control. Is Your Community Aware of it Rights Under the New Laws?

Willis v. Swain Sets Who Can Sue Insurers for Bad Faith

Voluntary Payments Clause Bars Contractor’s Claim for Construction Damage

Recent Developments in Coverage for Construction Defect Claims

Workplace Safety: What To Expect From OSHA In 2014

Yes, Your Insurance Company Does Have A Duty to Investigate the Loss to Your Home or Business

Class Actions As ADR

Sharing a Bit of the History of Building Codes

Confusion Over Construction Defect Liability Spawns Legal Battles

Illinois Supreme Court Holds Five-Year Statute Applies to Fraud Claims Against Architects

Texas Supreme Court Hands Big Insurance Win to Construction Industry

Enforcing Your Arbitration Agreement in Federal Court When the Underlying Dispute Cannot be Removed from State Court

Lack of Daubert Hearing Cancels $9.4M Verdict

January 2014

AIA Contract Promises No More Than to Perform Work in a Good and Workmanlike Manner

En Banc Ninth Circuit Adds Teeth To Daubert Gatekeeping Obligation

Contractual Liability Exclusion is Inapplicable to Construction Contract

Clearing up Collapse Coverage, Part III - on Gasparilla Saturday

Forum Selection Clauses After Atlantic Marine

Forum Selection Clauses After Atlantic Marine (Part II)

Housing and Real Estate Group says Calif. Judge’s Final Decision in Lead Paint Case will Hurt Home Values

Should Subcontractors be Bonded?

4th Circ. Fuels Voluntary Payment Clause Enforcement Trend

Clearing up Collapse Coverage, Part II

Basic Components of a Well-Prepared Claim Document

Sixth Circuit Holds Construction Defect is not an Occurrence

The Need to Be Specific and Precise in Drafting Settling Agreements

Clearing Up Collapse Coverage


2015 2013 2012 2011 2010 2009-2005

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