John Mark Goodman | BuildSmart A Colorado federal court will allow a contractor to prove up more than $250 million in damages using the modified total cost method (see AECOM Technical Services v. Flatiron AECOM, LLC, Case No. 19-CV-2811, 2024 WL 22640 (D. Co. Jan. 2, 2024)). The AECOM v. Flatiron case involves a Colorado DOT project to add express lanes… Continue reading The Modified Total Cost Method to Calculating Construction Damages
Category: Property Damage
Illinois Supreme Court Holds that Constructions Defects May Constitute “Property Damage” Caused By An “Occurrence” Under Standard CGL Policy, Overruling Prior Appellate Court Precedent
Jason Taylor | Insurance Law Blog On November 30, 2023, the Illinois Supreme Court issued an opinion that overturned precedent in Illinois regarding whether faulty workmanship that only caused damage to the insured’s own work constituted “property damage” caused by an “occurrence” under Illinois law. In Acuity v. M/I Homes of Chicago, LLC, 2023 IL 129087, the… Continue reading Illinois Supreme Court Holds that Constructions Defects May Constitute “Property Damage” Caused By An “Occurrence” Under Standard CGL Policy, Overruling Prior Appellate Court Precedent
Illinois Joins the Pack on Defective Construction as an Occurrence
Anna M. Perry | SDV Insights Illinois joins the majority of states finding “property damage that results inadvertently from faulty work can be caused by an ‘accident’ and therefore constitute an ‘occurrence’.” The Illinois Supreme Court’s ruling in Acuity v. M/I Homes of Chicago, LLC1 (“Acuity v. M/I Homes”) is the first high court ruling in Illinois… Continue reading Illinois Joins the Pack on Defective Construction as an Occurrence
Illinois Joins the Pack on Defective Construction as an Occurrence
Anna M. Perry | Saxe Doernberger & Vita Illinois joins the majority of states finding “property damage that results inadvertently from faulty work can be caused by an ‘accident’ and therefore constitute an ‘occurrence’.” The Illinois Supreme Court’s ruling in Acuity v. M/I Homes of Chicago, LLC1 (“Acuity v. M/I Homes”) is the first high court ruling… Continue reading Illinois Joins the Pack on Defective Construction as an Occurrence
Eleventh Circuit Affirms Jury Verdict on Covered Property Loss
Tred R. Eyerly | Insurance Law Hawaii The Eleventh Circuit affirmed the district court’s denial of a motion for a new trial after the jury determined the insurer owed policy benefits for hurricane damage to the insured’s property. AM Grand Court Lakes LLC v. Rockhill Ins. Co., 2023 U.S. App. 13902 (11th Cir. June… Continue reading Eleventh Circuit Affirms Jury Verdict on Covered Property Loss