Adam B. Edgecombe, Esq. | Jimerson & Cobb P.A. | September 26, 2016 One of the biggest considerations for parties on both sides of any lawsuit is whether insurance coverage will apply to the plaintiff’s claims. This is especially true in construction defect cases, where the cost of repairing the alleged damage can be significant,… Continue reading The Earth Movement Exclusion: How Does it Affect Construction Defect Cases?
Month: September 2016
Clarification on Architect’s/Engineer’s Liability for Safety During Construction
Stan Martin | Commonsense Construction Law LLC | September 20, 2016 With underlying facts showing less-than-stellar actions on the part of more than one player, the Mississippi Supreme Court has clarified and confirmed the applicable standard for when a design professional should be liable for safety on a construction project. The case is McKean v. Yates… Continue reading Clarification on Architect’s/Engineer’s Liability for Safety During Construction
After Sixty Years, Subcontractors are Back in the Driver’s Seat in Bidding on California Construction Projects
William L Porter | Porter Law Group | September 2016 For almost the last sixty years, the standard for bidding on California construction projects has been governed by the landmark case of Drennan v. Star Paving (1958) 51 Cal.2d 409; which generally states that the contractor bidding to perform work for a project owner is… Continue reading After Sixty Years, Subcontractors are Back in the Driver’s Seat in Bidding on California Construction Projects
Oregon Supreme Court Forecloses Insurers from Taking a Second Bite at the Apple
Nick Thede | The Policyholder Report | September 22, 2016 Today, the Oregon Supreme Court unanimously rejected a liability insurer’s attempt to avoid paying on a judgment entered against its insured in Fountain Court Homeowners’ Ass’n v. FountainCourt Dev., LLC. The Court held that an insurer cannot re-litigate an underlying lawsuit as part of an insurance-coverage… Continue reading Oregon Supreme Court Forecloses Insurers from Taking a Second Bite at the Apple
Oregon Federal Court Endorses Broad Definition of “Property Damage”
David Delmar | The Policyholder Report | July 28, 2016 In a recent case, Oregon Shakespeare Festival Ass’n v. Great American Ins. Co., the federal District Court for the District of Oregon adopted a liberal interpretation of “property damage.” The Oregon Shakespeare Festival Association (OSF) suffered a loss during its season: nearby wildfires caused smoke… Continue reading Oregon Federal Court Endorses Broad Definition of “Property Damage”