Recent Florida Legislative Changes Shorten Both Statute of Limitation (“SOL”) and Statute of Repose (“SOR”) for Construction Defect Claims

Holly A. Rice | SDV Insights The Florida Legislature and Governor DeSantis passed Senate Bill 360, effective April 13, 2023, which imposes significant changes to Florida’s statute of limitation (“SOL”) and statute of repose (“SOR”) periods prescribed in Florida Statute § 95.11. In short, the SOL and SOR periods will commence earlier and run earlier,… Continue reading Recent Florida Legislative Changes Shorten Both Statute of Limitation (“SOL”) and Statute of Repose (“SOR”) for Construction Defect Claims

Illinois Supreme Court Issues Landmark Construction Insurance Coverage Ruling

James Davis, Bradley Dlatt and Kahin Tong | Perkins Cole In a landmark decision, the Illinois Supreme Court has granted a major victory for policyholders seeking general liability insurance coverage for construction defect and faulty workmanship claims. For years, Illinois’ intermediate appellate courts rewrote general liability policies to eviscerate coverage for owners, developers, builders, general… Continue reading Illinois Supreme Court Issues Landmark Construction Insurance Coverage Ruling

Fifth Circuit Holds Insurer Owes Duty to Defend Latent Condition Claim That Caused Fire Damage to Property Years After Construction Work

Jeremy Macklin | Traub Lieberman Straus & Shrewsberry Most general liability policies only provide coverage for “property damage” that occurs during the policy period. Thus, when analyzing coverage for a construction defect claim, it is important to ascertain the date on which damage occurred. Of course, the plaintiffs’ bar crafts pleadings to be purposefully vague… Continue reading Fifth Circuit Holds Insurer Owes Duty to Defend Latent Condition Claim That Caused Fire Damage to Property Years After Construction Work

Insurer Granted Summary Judgment on Denial of Construction Defect Claim

Tred R. Eyerly | Insurance Law Hawaii     The court granted the insurer’s motion for summary judgment, confirming there was no duty to defend or indemnify a construction defect claim against the insured. Fontaine Bros. v. Acadia Ins. Co., 2019 U.S. Dist. LEXIS 148056 (D. Mass. Aug. 29, 2019).      The City of Worcester… Continue reading Insurer Granted Summary Judgment on Denial of Construction Defect Claim

Construction Defect Claims at Common Interest Developments

Alex M. Chazen and Jason Daniel Feld | Kahana & Feld LLP | March 8, 2018 A homeowners’ association (“HOA”) governing common interest developments is subject to a different set of requirements for construction defect claims as opposed to single-family developments. In 1995, the California legislature enacted the Calderon Act (formerly CA Civil Code §1374) which set… Continue reading Construction Defect Claims at Common Interest Developments

%d bloggers like this: