Traub Lieberman In Clear Blue Ins. Co. v. Gemini Ins. Co., No. 8:22-cv-1711-TPB-AEP, 2024 U.S. Dist. LEXIS 57340 (M.D. Fla. Mar. 29, 2024), the Court was faced with competing summary judgment motions with each party arguing coverage under the others’ policy applied after the subcontractor’s primary policy was exhausted. CPWR LLC, d/b/a Capital Contractor Services (“CCS”) contracted… Continue reading Middle District of Florida Disregards Other Insurance Clause Where Subcontractor Contractually Promised to Indemnify General Contractor
Court Denies Developer Insurance Coverage to Repair Defective Construction
Paul Ferland and Joshua Tumen | Cozen O’Connor In Curtis Park Group, LLC v. Allied World Specialty Insurance Company (2024 WL 5194886 (10th Cir. 2024)), the U.S. Court of Appeals for the Tenth Circuit determined that an insured real estate developer could not recover the hard costs associated with repairing a defective concrete slab because the insured… Continue reading Court Denies Developer Insurance Coverage to Repair Defective Construction
Lessons from the Idaho Supreme Court Decision in Moyer v. Doug Lasher Construction and Statute of Limitations Considerations
Tara Martens Miller | Snell & Wilmer The Idaho Supreme Court recently issued its decision in Moyer v. Doug Lasher Construction, Inc.1, clarifying several critical issues in construction law and the application of the statute of limitations on summary judgment. This case provides guidance to contractors, property owners and their attorneys regarding timely navigating claims for… Continue reading Lessons from the Idaho Supreme Court Decision in Moyer v. Doug Lasher Construction and Statute of Limitations Considerations
Oral Contract and Invalid Lien Spell Trouble for Contractor
Jordan Weeks | Frantz Ward Speedy Maintenance, LLC v. Windsor Tower, LLC, 2024-Ohio-5841 (2d Dist.) is a recent case concerning a dispute over repairs to a parking garage where Ohio’s Second District Court of Appeals confronted issues such as: Case Background The Owner of a commercial building sought to renovate an attached, six-floor parking garage.… Continue reading Oral Contract and Invalid Lien Spell Trouble for Contractor
Recent Colorado Appeals Court Decision Provides Further Guidance on the Colorado Economic Loss Rule Doctrine
Laurie Choi, Amanda E. McKinlay and Joe Layzell | Snell & Wilmer In the recent decision of Veolia Water Tech., Inc. v. Antero Treatment LLC, 2024 COA 126 (Colo. App. 2024), the Colorado Court of Appeals addressed the “murky” application of the economic loss rule to the intentional tort of fraud. The Court separately affirmed the… Continue reading Recent Colorado Appeals Court Decision Provides Further Guidance on the Colorado Economic Loss Rule Doctrine