Wally Zimolong – February 4, 2013 Last week, I gave an overview of the claims typically raised in a construction defect case. This week we look at the defenses that a defendant in a construction defect case can raise. Typically, there are three categories of defenses a defendant in a construction defect case may be… Continue reading Construction Defect Litigation: The Defenses
Construction Defect Litigation: The Claims
Wally Zimolong – January 28, 2013 An unfortunate side-effect from the mid-2000’s construction boom is claims regarding faulty workmanship and defective construction. Because defective construction work is often latent, it may take years before the damage the defect is causing becomes apparent. Therefore, defects for homes built several years ago are just becoming apparently and… Continue reading Construction Defect Litigation: The Claims
Yet Another Reason That Condo Work is Risky for MA Contractors
Lauren R. MacLellan – January 30, 2013 Last month, the Massachusetts Appeals Court further eroded legal protections for contractors seeking to defend themselves against claims by condominium associations and condominium unit owners. Before this decision, contractors and other construction professionals (like architects) often used a legal defense known as the economic loss doctrine as a… Continue reading Yet Another Reason That Condo Work is Risky for MA Contractors
Interpreting California Insurance Contracts
Chip Merlin – February 5, 2013 Ken Kan and I were debating how a California judge should interpret an insurance contract covering a fire loss in Modesto, California. Interpreting insurance contracts is not as easy as many think. Heck, most people cannot even read through an entire policy without falling asleep. Interpreting insurance contracts is a… Continue reading Interpreting California Insurance Contracts
Maximize Your Insurance Recovery for Business Income Losses Related to Hurricane Sandy
Michelle Claverol – February 3, 2013 Many New York business owners have been denied insurance recovery based on causation issues (i.e., property damages and business income losses were caused by flood which is excluded under most policies). However, many insurance policies provide a measure of coverage and recovery through Civil Authority and Ingress/Egress provisions, which… Continue reading Maximize Your Insurance Recovery for Business Income Losses Related to Hurricane Sandy