Brendan J. Witry | The Dispute Resolver Establishing insurance coverage for construction defects is almost as important as establishing liability in the underlying construction defect litigation itself. The risk to the defendant contractor of defending a construction claim can place significant burdens on a contractor’s operations and an uninsured judgment might even put the contractor… Continue reading If a Defect Occurs During Construction, Is It an “Occurrence?”
David McLain | Higgins, Hopkins, McLain & Roswell On February 5th, Senators Zenzinger and Coleman, along with Representative Bird, introduced Senate Bill 24-106 into the Colorado Legislature. The bill has been assigned to the Senate Committee on Local Government and Housing. What follows are the various portions of the bill I believe to be the… Continue reading At Long Last, the Colorado Legislature Gets Serious About Construction Defect Reform – In a Constructive Way
Eric Eisenberg and Robert Ferguson, Jr. | Hinckley Allen As a contractor, you are familiar with working together with subcontractors — delegating project scope as part of the overall job. However, when a subcontractor’s work is defective, who is liable for the damage? This is not an unfamiliar issue to contractors — more than likely,… Continue reading Contractors, Beware: General Liability Insurers Wrongfully Denying Claims for Damage Caused by Defective Subcontractor Work
Blake Robinson | Davis Wright Tremaine One common consequence when a construction goes sideways, whether because the project is delayed or defects arise, is that the owner suffers lost revenue. For example, an apartment complex owner loses out on three months of rent when a project is completed three months after the substantial completion date… Continue reading Recovering Lost Profits in Construction Claims: What Should Project Owners Do?
Brandon Clark and Megan Warshawsky | Saul Ewing On November 30, 2023, the Illinois Supreme Court issued a decision in the case of Acuity v. M/I Homes of Chicago, LLC, et al., 2023 IL 129087 with significant implications for insurance coverage of construction defects under commercial general liability (CGL) policies. The Acuity decision stems from a fairly mundane… Continue reading Illinois Supreme Court Indicates Potential Path for Insurance Coverage for Construction Defects Under CGL Policies