George Eppsteiner and Daniel Katzenbach – August 9, 2013 Most would assume that a warranty lasts for as long as the warranty’s terms. In North Carolina, a recent Court of Appeals decision has made clear that an extended warranty, absent evidence of fraudulent, willful, or wanton conduct, is limited to a six year term for… Continue reading Why A “Lifetime” Warranty Is Only A Six Year Warranty For Contractors And Manufacturers
Category: Construction
Illinois Strengthens Laws to Prevent Independent Contractor Misclassification in the Construction Industry
Winston & Strawn LLP – August 1, 2013 On July 23, Illinois Governor Pat Quinn signed into law two bills designed to prevent independent contractor misclassification in the construction industry. The legislation, effective January 1, 2014, amends the Illinois Employee Classification Act and enhances reporting obligations and penalties for state construction contractors. First, H.B. 923… Continue reading Illinois Strengthens Laws to Prevent Independent Contractor Misclassification in the Construction Industry
West Virginia Reverses Course to Expand Coverage
Mark Packman and Joao Santa-Rita – July 23, 2013 In the construction industry, small defects in workmanship can result in dramatic losses. For example, water damage losses arising from an improperly installed bathtub could be many times the cost of installing the tub in the first place. Some states hold that defective workmanship is not… Continue reading West Virginia Reverses Course to Expand Coverage
Georgia Supreme Court Rules Construction Defects Satisfy CGL Policy’s ‘Occurrence’ Requirement
John Hinton, Linda Klein, Fielder Martin and Ben Shapiro – July 22, 2013 Homeowners sued their homebuilder alleging that the concrete foundations of their homes were improperly constructed. As a result, it was alleged that the foundations were failing, and the defects in the foundations had caused “tangible physical damage” to the homes built atop them. The… Continue reading Georgia Supreme Court Rules Construction Defects Satisfy CGL Policy’s ‘Occurrence’ Requirement
Florida Supreme Court Rules that General Contractors are Entitled to Overhead and Profit
Restoration Industry Association – July 2013 A ruling published by the Supreme Court of Florida earlier this month held that general contractors are entitled to overhead and profit charges under a replacement cost homeowner’s policy. In Trinidad v. Florida Peninsula insurance Company, the Supreme Court said, “…we hold that an insurer’s required payment under a… Continue reading Florida Supreme Court Rules that General Contractors are Entitled to Overhead and Profit