Meredith Jones-McKeown – July 16, 2014 Beacon Residential Community Assoc. v. Skidmore, Owings & Merrill, LLP (Cal. Supreme Court., 07/03/2014, S208173) On July 3, 2014, the California Supreme Court decided the much watched case Beacon Residential Community Assoc. v. Skidmore, Owings & Merrill, LLP. The court held that the “principal architect” “owes a duty of care… Continue reading Principal Architects on Residential Projects Liable for Construction Defects Outside Their Control; Developers and Owners May Pay the Price
New Jersey/New York “Occurrence”
Scott Patterson – CD Coverage In National Union Fire Insurance Co. of Pittsburgh, PA v. Turner Construction Co., 986 N.Y.S.2d 74 (N.Y. App. Div. 2014), Turner was the general contractor for a high rise office building constructed in New Jersey for owner GSJC. Turner subcontracted with Permasteelisa for the building’s exterior curtain wall which consisted… Continue reading New Jersey/New York “Occurrence”
Right to Recovery for Construction Defects in Foreclosed Home – Does it Matter Who Owns the Home?
Kimberly A. Blake – July 28, 2014 The recent flurry of foreclosures in California results in the ownership of a foreclosed home being forcibly transferred to new owners, often the bank lenders. Sometimes these foreclosed homes also are in the middle of lengthy construction defect litigation. When a home is foreclosed upon in the middle… Continue reading Right to Recovery for Construction Defects in Foreclosed Home – Does it Matter Who Owns the Home?
Coverage for Construction Defect Barred by Contractual-Liability Exclusion
Tred Eyerly – July 28, 2014 Relying upon precedent from the Texas Supreme Court, the Fifth Circuit upheld the District Court’s denial of coverage based upon the policy’s contractual-liability exclusion. Crownover v. Mid-Continent Cas. Co., 2014 U.S. App. LEXIS 12158 (5th Cir. June. 27, 2014). The Crownovers entered a construction contract with Arrow Development, Inc.… Continue reading Coverage for Construction Defect Barred by Contractual-Liability Exclusion
California Monsoonal Weather Brings Mud Property Damage to Southern California, But Is It Covered Damage?
Denise Sze – August 5, 2014 The last few weeks has seen unseasonably humid weather in our arid Southern California climate. It’s uncharacteristic for our climate to have high humidity. Last week the monsoonal thunderstorms brought a great tragedy as a young man on the beach of Venice died from a lightning strike off the… Continue reading California Monsoonal Weather Brings Mud Property Damage to Southern California, But Is It Covered Damage?