Tag: Advise & Consult

Two Things to Consider Before Making Warranty Repairs

David McLain | Colorado Construction Litigation | December 13, 2018 In my last article: “What a construction defect ‘win’ looks like for a builder,” I made the point that builders should go to great lengths to work with homeowners to resolve legitimate problems through the entire statute of repose, in order to prevent the homeowners… Continue reading Two Things to Consider Before Making Warranty Repairs

Developer’s Failure to Plead Amount of Damages in Cross-Complaint Fatal to Direct Action Against Subcontractor’s Insurers Based on Default Judgment

Christopher Kendrick and Valerie A. Moore | Haight Brown and Bonesteel LLP | January 7, 2019 In Yu v. Liberty Surplus Ins. Corp. (No. G054522, filed 12/11/18), a California appeals court held that a developer’s failure to allege the amounts of damages sought in its cross-complaint rendered default judgments against a subcontractor void and, therefore, unenforceable against… Continue reading Developer’s Failure to Plead Amount of Damages in Cross-Complaint Fatal to Direct Action Against Subcontractor’s Insurers Based on Default Judgment

Recovering Consequential Damages Under General Liability Policies

Charles P. Edwards and Alexandra Robinson French | Barnes & Thornburg | January 14, 2019 An often-overlooked feature of commercial general liability (CGL) policies is that they provide coverage for damages the insured is legally obligated to pay “because of” bodily injury or property damage. Most courts interpret “because of” broadly to include consequential damages… Continue reading Recovering Consequential Damages Under General Liability Policies

Arbitration Is an Increasing Trend Found Within Property Insurance Policies, and Arbitration is Not Appraisal

Chip Merlin | Property Insurance Coverage Law Blog | January 15, 2019 The photograph above depicts the Merlin Law Group “War Room” during a week-long arbitration last week. Michael Duffy, Ian Dankelman, Eric Dickey, and Kelly Kubiak were the winning Merlin Law Group team obtaining a $3.1 million award on Saturday. What a way to start off the year!… Continue reading Arbitration Is an Increasing Trend Found Within Property Insurance Policies, and Arbitration is Not Appraisal

A New Statute of Limitations on Construction Claims by VA State Agencies?

Christopher G. Hill | Construction Law Musings | January 21, 2019 I have discussed the Hensel Phelps case and the potential issues caused by both poorly drafted indemnity clauses and the lack of a statute of limitations applicable to the Commonwealth of Virginia and its agencies in 2017. New legislation (supported by various contractor groups including my friends at… Continue reading A New Statute of Limitations on Construction Claims by VA State Agencies?