Jim Sams | Claims Journal At least 14 construction defect lawsuits have been filed against developers and subcontractors that built thousands of Nevada homes. Two insurers issued commercial liability policies to cover such claims, but they didn’t agree on whether a prior-damage clause in one of the policies excluded coverage. Two U.S. District Court judges… Continue reading Nevada Supreme Court Rules Insured Must Prove Coverage Owed in Construction Defect Litigation
Tag: Construction Defect Litigation
Florida Appellate Court Affirms Statute of Limitations for Latent Construction Defects
Johnathan T. Ayers | Bilzin Sumberg The Cottages at Stoney Creek Condominium Association, Inc. et al v. JDR Construction, LLC et al, No. 1D20-956, 2021 WL 2209851 (June 1, 2021) aff’d per curiam. Construction defect litigation often surrounds a dispute over timeliness in bringing the claim for purposes of surviving a statute of limitations defense. In the… Continue reading Florida Appellate Court Affirms Statute of Limitations for Latent Construction Defects
Alleging Property Damage in Construction Defect Lawsuit
David Adelstein | Florida Construction Legal Updates When there is a construction defect lawsuit, there is an insurance coverage issue or consideration. As I have said repeatedly in other articles, it is all about maximizing insurance coverage regardless of whether you are the plaintiff prosecuting the construction defect claim or the contractor(s) alleged to have committed the construction defect and… Continue reading Alleging Property Damage in Construction Defect Lawsuit
What are the Most Commonly Claimed Issues in Construction Defect Litigation?
David M. McLain | Colorado Construction Litigation | March 14, 2019 As a lawyer that has spent his career defending against construction defect claims, one of the most common questions I get when counseling clients regarding risk management is: “What are the most commonly claimed issues in construction defect litigation?” Until very recently, my answer… Continue reading What are the Most Commonly Claimed Issues in Construction Defect Litigation?
Certificates of Review in Colorado Construction Defect Litigation
Daniel E. Evans and Kaitlin Marsh-Blake | Gordon Rees Scully Mansukhani | February 28, 2019 The requirement to file a certificate of review early in a lawsuit is often imposed for the purpose of preventing frivolous professional malpractice actions and avoiding unnecessary time and cost in defending such claims. These statutory obligations vary between states… Continue reading Certificates of Review in Colorado Construction Defect Litigation