Jeremy S. Macklin | Traub Lieberman 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 as to… Continue reading Fifth Circuit Holds Insurer Owes Duty to Defend Latent Condition Claim That Caused Fire Damage to Property Years After Construction Work
Tag: Construction Defect Claims
Contractor’s Claim for Interest on Subcontractor’s Defective Work Claim Gains Mixed Results
John J. Gazzola | ConsensusDocs Skanska USA Bldg., Inc. v. J.D. Long Masonry, Inc., No. SAG-16-933, 2019 BL 336852, 2019 US Dist Lexis 152787 (D. Md. Sept. 9, 2019) This case concerns calculation of a damages award to a general contractor, Skanska USA Building, Inc., on its claim for breach of contract against its masonry… Continue reading Contractor’s Claim for Interest on Subcontractor’s Defective Work Claim Gains Mixed Results
Potential Extension of the Statutes of Limitation and Repose for Colorado Construction Defect Claims
David McLain | Colorado Construction Litigation On January 27th, Senator Robert Rodriguez introduced SB 20-138 into the Colorado Legislature. The bill has been assigned to the Senate Judiciary Committee and has not yet been scheduled for its first hearing in that committee. In short, Senate Bill 20-138, if enacted, would: 1) Extend Colorado’s statute of repose for construction defects from 6+2 years… Continue reading Potential Extension of the Statutes of Limitation and Repose for Colorado Construction Defect Claims
Colorado Legislature Proposes Bill To Extend Time For Filing Construction Defect Claims
Mary Sue Greenleaf and John Mill | Sherman & Howard On Monday, January 27, Democratic Senator Robert Rodriguez introduced Senate Bill 20-138, A Bill for an Act Concerning Increased Consumer Protection for Homeowners Seeking Relief for Construction Defects. If passed, the bill could dramatically change the landscape of construction defect litigation in Colorado by extending… Continue reading Colorado Legislature Proposes Bill To Extend Time For Filing Construction Defect Claims
Construction Defect Claim Not Timely Filed
Todd A. Macleod, Esq. | Florida Construction Law News If construction defect claims are not timely filed, Florida Statutes provide design and construction companies with a formidable defense. As a case in point, a Miami-Dade Circuit Court Judge issued an Order granting summary judgment based on Fla. Stat. § 95.11(3)(c), Florida’s Statute of Limitations governing… Continue reading Construction Defect Claim Not Timely Filed