John L. Watkins and Russ Rogers – July 19, 2013 Overview On July 18, 2013, in Taylor Morrison Services, Inc. v. HDI-Gerling Ins. Co., the Supreme Court of Georgia decided two important certified questions from the United States Court of Appeals for the Eleventh Circuit that affirm and expand the rights of property owners and… Continue reading Georgia Supreme Court Rules on Insurance Coverage for Construction Defects
Category: Construction
No Need of Injury to Others’ Property to be an “Occurrence” Under a CGL Insurance Policy
Stephen Pudner – July 19, 2013 In an opinion last week that could have far reaching ramifications in the construction industry in the insurance coverage context, the Supreme Court of Georgia ruled that an “occurrence” under a standard Commercial General Liability (CGL) policy may be based on a breach of warranty claim and does not require… Continue reading No Need of Injury to Others’ Property to be an “Occurrence” Under a CGL Insurance Policy
9 Tips For Final Payment Affidavits
Aaron Thalwitzer – July 15, 2013 Don’t let a defective Contractor’s Final Payment Affidavit wreck your lien rights. Contractor’s Final Payment Affidavits are not particularly complex, but they are extremely important. Under 713.06(5)(d)(1), Florida Statutes, “[w]hen the final payment under a direct contract becomes due the contractor . . . [t]he contractor shall give to… Continue reading 9 Tips For Final Payment Affidavits
Builders in California May Further Limit the Statute of Limitations
Darren Johnson – July 19, 2013 The California Court of Appeal has upheld a provision in a construction contract by which the builder effectively shaved six years off the limitations period in which the owner could bring a construction defect lawsuit. In Brisbane Lodging L.P. v. Webcor Builders, Inc., 2013 DJDAR 7127 (June 3, 2013),… Continue reading Builders in California May Further Limit the Statute of Limitations
Construction Defects in Condominium and Townhome Associations
Matthew Meyers – July 10, 2013 After Irene, Sandy, and a record rainfall this June, it is evident why condominiums and townhomes must be built in accordance with applicable building codes, architectural plans, and manufacturer specifications. If the construction of a community association was subpar, the water infiltration from improper construction undoubtedly led to water… Continue reading Construction Defects in Condominium and Townhome Associations