Construction Defect Claims Not Covered

Tred R. Eyerly | Insurance Law Hawaii     The court found that the insured’s negligent acts causing damage to only the structure of the home it built were not covered under the CGL policy. Westfield Ins. Co. v. Zaremba Builders II LLC, 2022 U.S. Dist. LEXIS 36189 (N.D. Ill. March 2, 2022).     Zaremba… Continue reading Construction Defect Claims Not Covered

What do the Rules of Evidence Have to Do With Documenting a Construction Claim? Everything.

Jacob Zahniser | Miller Nash Construction is a document-intensive industry. Construction disputes are equally document-intensive. Given the critical role of written documentation in preserving and resolving construction claims, it is essential that construction companies adequately train the people who create and manage written documentation. Otherwise, evidentiary challenges could sink an otherwise meritorious claim or defense.… Continue reading What do the Rules of Evidence Have to Do With Documenting a Construction Claim? Everything.

Florida’s Statute Of Repose – Elimination Of Stale Claims

Anthony S. Wong and Lee H Jeansonne | Wood, Smith, Henning & Berman Big changes may be on the horizon for Florida statute of repose for construction claims. Florida SB 2022-736 proposes to amend Fla. Stat. §95.11(3)(c) to eliminate the distinction between patent and latent claims and apply a uniform four year statute of repose… Continue reading Florida’s Statute Of Repose – Elimination Of Stale Claims

Identifying and Accessing Coverage in Complex Construction Claims

Jeffrey J. Vita and Michael V. Pepe | SDV Insights I. IntroductionFirst-party, third-party, builder’s risk, professional liability, commercial general liability, wrap-ups, and additional insured status are all potential sources of insurance coverage for a large construction loss. Therefore, it is critical for construction industry participants, from owners and developers to general contractors and their subcontractors,… Continue reading Identifying and Accessing Coverage in Complex Construction Claims

Identifying and Accessing Coverage in Complex Construction Claims

Jeffrey J. Vita and Michael V. Pepe | Saxe Doernberger & Vita I. Introduction First-party, third-party, builder’s risk, professional liability, commercial general liability, wrap-ups, and additional insured status are all potential sources of insurance coverage for a large construction loss. Therefore, it is critical for construction industry participants, from owners and developers to general contractors… Continue reading Identifying and Accessing Coverage in Complex Construction Claims