David Robinson | Holland & Knight Suppose a city repaves a street, puts in new storm drains or builds a flood channel nearby. Soon after, a nearby building floods for the first time. Is the government responsible? In California, the answer is often yes, even if no one at City Hall was careless. But there… Continue reading When Is the Government Responsible for Damaging My Property?
Category: Property Damage
The Storm’s-A-Comin’ – When Heavy Rains Cause Property Damage: Flooding, Mudslides and Inverse Condemnation
Bradford Kuhn | Nossaman With the recent rains, an upcoming El Nino winter, and rising high tides, property owners and public agencies in California are experiencing and preparing for property damage associated with floods, mudslides, high tides, and other water intrusion events. When that damage occurs, the next question is typically who is responsible –… Continue reading The Storm’s-A-Comin’ – When Heavy Rains Cause Property Damage: Flooding, Mudslides and Inverse Condemnation
Moisture Mapping vs. Thermal Imaging vs. Hygrometers for Water Intrusion
Derrick A. Denis and Paul Anderson | J.S. Held Introduction: Protecting Buildings with the Right Moisture Detection Tools Water does not wait. A small leak behind a wall or above a ceiling can quietly soak insulation, drywall, and flooring. If it is not found and fixed quickly, that moisture can lead to mold, odors, staining,… Continue reading Moisture Mapping vs. Thermal Imaging vs. Hygrometers for Water Intrusion
Sixth Circuit Enforces First-Party Property Policy’s Flood Exclusion for Flood Damage Caused by Eight Inches of Rain
Roben West | Carlton Fields In Express Jewelry Enterprises Inc. v. National Fire Insurance Company of Hartford, the Sixth Circuit Court of Appeals found that a flood exclusion precluded coverage for property damage following a night of heavy rains. The basement of a jewelry store in Dearborn, Michigan, was inundated with high water after the city experienced… Continue reading Sixth Circuit Enforces First-Party Property Policy’s Flood Exclusion for Flood Damage Caused by Eight Inches of Rain
The Gross Disproportionality Exception to Construction Damages
John Mark Goodman and Joe Mack Curry II | BuildSmart The usual measure of damages for breach of a construction contract is the cost to repair the defects or finish the incomplete work. But what if the cost to repair or compete is grossly disproportionate to the value that the additional work would create? In that… Continue reading The Gross Disproportionality Exception to Construction Damages