Gabrielle T. Kelly | Brouse McDowell | September 22, 2017 Good news for businesses in the construction industry: South Dakota has become the latest jurisdiction to hold that construction defect claims are covered by commercial general liability (CGL) policies. In Owners Insurance Company v. Tibke Construction, Inc., et al., the South Dakota Supreme Court held that… Continue reading Insurance Coverage for Construction Defect Claims
Month: September 2017
1st Circuit Pending Appeal – Construction Contract Defenses & Miller Act
Katherine E. Kohm | The Dispute Resolver | September 26, 2017 In Endicott Constructors Corp. v. E. Amanti & Sons, Inc., No. 1:14-CV-12807-LTS, 2017 WL 3028877 (D. Mass. July 14, 2017), the plaintiff-subcontractor Endicott Constructors Corp. (“Plaintiff”) filed a lawsuit claiming breach of contract and quantum meruit against the defendant-general contractor E. Amanti & Sons, Inc. (“Defendant Contractor”) on… Continue reading 1st Circuit Pending Appeal – Construction Contract Defenses & Miller Act
Fourth Circuit Finds No Bad Faith for Delay in Investigating Construction Defect Claim
James W. Bryan | Nexsen Pruet | September 12, 2017 Construction defect claims often include coverage disputes spiced with allegations of bad faith designed to turn up the heat on the insurer. The Fourth Circuit, in its review of one such recent North Carolina case, held while the insured prevailed on its contract claim, there… Continue reading Fourth Circuit Finds No Bad Faith for Delay in Investigating Construction Defect Claim
My Roof, My Rules: Arbitrators May Determine Their Own Jurisdiction When the Parties Delegate that Authority
Amandeep S. Kahlon | Buildsmart | September 20, 2017 An issue that repeatedly comes up in construction disputes is the scope of an arbitration agreement. Courts generally interpret agreements to arbitrate broadly, and, where the arbitrability of a specific claim has been at issue, courts often defer, allowing such questions to be answered by the… Continue reading My Roof, My Rules: Arbitrators May Determine Their Own Jurisdiction When the Parties Delegate that Authority
The Use of Shrink Wrap on Roofs
Steven Thomas | Property Insurance Coverage Law Blog | September 7, 2017 I have seen a trend lately which occurs after severe weather impacts an area and damage has been caused by either hail, wind, or extreme amounts of rain (like what I witnessed this past week in Texas), and Contractors have been applying shrink… Continue reading The Use of Shrink Wrap on Roofs