Christopher D. Cazenave | Jones Walker Last year, my construction colleague Neal Sweeney and I presented on a topic that is still a widely discussed question in the construction industry: who really pays for defective design? Despite contractual mechanisms to deal with them, defective design and changed (or differing site) conditions remain the most unexpected and unwelcome… Continue reading The Unexpected And Unwelcome: Defective Design And Changed Conditions Disputes
Category: Construction Defects
Construction Defects Coverage Update
Shantinique Brooks | Plunkett & Cooney Construction Defects – Eleventh Circuit (Florida Law) Southern-Owners Ins. Co. v. MAC Contractors of Florida, LLCNo. 23-11366, 2024 WL 1573685 (11th Cir. Apr. 11, 2024) The U.S. Court of Appeals for the Eleventh Circuit determined that an insurer had a duty to defend its insured on the basis that,… Continue reading Construction Defects Coverage Update
Construction Defects Coverage Update
Shantinique Brooks | Plunkett Cooney Construction Defects – Eleventh Circuit (Florida Law) Southern-Owners Ins. Co. v. MAC Contractors of Florida, LLCNo. 23-11366, 2024 WL 1573685 (11th Cir. Apr. 11, 2024) The U.S. Court of Appeals for the Eleventh Circuit determined that an insurer had a duty to defend its insured on the basis that, at… Continue reading Construction Defects Coverage Update
Proposed State Legislation Would Nearly Double the Statute of Repose under the Colorado Construction Defect Action Reform Act and Expand Plaintiffs’ Rights
Jed Sonnenshein and Rachel Van Amburg | Otten Johnson Robinson Neff + Ragonetti While Colorado struggles with an ongoing housing supply deficit and potential buyers grapple with interest rate resistant prices and higher costs of borrowing, local and state governments are entertaining all kinds of potential solutions to Colorado’s affordable and attainable housing issues, including… Continue reading Proposed State Legislation Would Nearly Double the Statute of Repose under the Colorado Construction Defect Action Reform Act and Expand Plaintiffs’ Rights
No Duty to Defend Construction Defect Claims under Kentucky Law
Tred R. Eyerly | Insurance Law Hawaii The federal district court determined that the insurer was not obligated to defend construction defect claims under Kentucky law. Westfield Ins. Co. v. Kentuckiana Commercial Concrete, LLC, 2023 U.S. Dist. LEXIS 222674 (W.D. Ky. Dec. 14, 2023). HRB, the owner of an apartment complex, filed… Continue reading No Duty to Defend Construction Defect Claims under Kentucky Law