D. Brad Hughes | Jimerson & Cobb PA | September 15, 2016 Prejudgment interest can be a substantial amount in construction defects cases—especially if it is a large commercial construction defects case or a community association construction defects case. In these types of cases, it is often a number of years before damage from the… Continue reading Calculating Prejudgment Interest in Construction Defects Cases
Tag: construction defect
General Contractor Not a “Seller” Entitled to Indemnity in Product Liability Case
J. Laurens Wilkes, Andrew D. Ness and William R. Taylor | Jones Day | July 15, 2016 On June 17, 2016, the Texas Supreme Court held that a general contractor was not a “seller” under Chapter 82 of the Civil Practice and Remedies Code and, therefore, not entitled to indemnification from the manufacturer of an… Continue reading General Contractor Not a “Seller” Entitled to Indemnity in Product Liability Case
OCIP Liability Insurer Required to Indemnify Florida Contractor for $23M in Property Damage Arising out of Defective Subcontractor Work
Jeffery R. Mullen | Pepper Hamilton LLP | March 14, 2016 Pavarini Construction Co. v. Ace American Insurance Co., 2015 U.S. Dist. LEXIS 151247 (S.D. Fla. Oct. 29, 2015) This action arose out of a construction project to build a 63-story luxury condominium tower located in Miami, Florida (“Project”). Pavarini Construction Co. (“Pavarini”) was the general… Continue reading OCIP Liability Insurer Required to Indemnify Florida Contractor for $23M in Property Damage Arising out of Defective Subcontractor Work
Claim of Future Injury Not Basis For Declaratory Relief
Barry Zalma | Zalma on Insurance | February 5, 2016 When the Supreme Court of the state of Georgia decided State Farm Mutual Automobile Insurance Co. v. Mabry, 274 Ga. 498, 556 S.E.2d 114 (Ga. 11/28/2001) it opened the door to litigation against insurers who determined actual cash value losses by determining full replacement cost… Continue reading Claim of Future Injury Not Basis For Declaratory Relief
When Product Liability Meets the Uniform Commercial Code
Tori S. Levine | Wilson Elser | January 19, 2016 Clients who are first introduced to the concept of strict liability in the context of a product liability lawsuit are often shocked to learn they can be held liable for a product defect simply because they sold the defective product. The first question we always… Continue reading When Product Liability Meets the Uniform Commercial Code