Alexandra DiFusco, Frederic J. Giordano and Patrick J. Perrone | K&L Gates A recent New Jersey trial court decision confirmed expansive coverage for commercial general liability policyholders entrenched in construction defect litigation involving continuous and progressive property damage. New Jersey applies the “continuous trigger” method to insurance coverage claims involving progressive and indivisible injuries, as… Continue reading NJ Court Rejects Coverage-Minimizing Application of Non-Cumulation Clauses in Construction Defect Cases
Tag: construction defects
Designing Planned Community Documents to Reduce Defect Litigation Exposure
Bob Burton | Winstead A recent article in the Wall Street Journal (“Home Builders Are Getting Buried in Claims of Shoddy Construction”) highlighted the growing wave of construction defect litigation facing homebuilders and developers across the country. Rising insurance costs, increasingly aggressive litigation strategies, larger jury verdicts and the continued aggregation of claims are placing significant pressure… Continue reading Designing Planned Community Documents to Reduce Defect Litigation Exposure
Washington Upholds the Construction Statute of Repose’s Applicability to Asbestos Claims
Justin Meyer | Baker Sterchi Cowden ABSTRACT: Washington Supreme Court holds that installation of asbestos-containing insulation constituted construction of an improvement on real property, and insulation was integral to the refinery’s intended function. Claims arising from that construction are barred by Washington’s construction statute of repose under RCW 4.16.300-.310. On April 30, 2026, the Washington… Continue reading Washington Upholds the Construction Statute of Repose’s Applicability to Asbestos Claims
Mitigation of Damages in Construction Defect Claims: Applying Florida’s Avoidable Consequences Doctrine
Caroline Claire Turtle | Wilson Elser BackgroundA roofer for a sixty-five-townhome community is notified that the homeowners association of the townhome community has filed a claim alleging construction defects and resulting property damage related to the roofer’s scope of work. In the period between completion of the roofing work and the commencement of litigation, evidence… Continue reading Mitigation of Damages in Construction Defect Claims: Applying Florida’s Avoidable Consequences Doctrine
Shot Clock Violation: Judge Tosses Untimely Construction Defect Claims
John Mark Goodman | BuildSmart In basketball there is a shot clock. Once a team has the ball, it must shoot within 30 seconds. We’re obviously talking about college basketball since its March, but the NBA has a similar 24-second shot clock. Failure to shoot within the required time automatically gives the ball back to the other… Continue reading Shot Clock Violation: Judge Tosses Untimely Construction Defect Claims