Samantha Carmickle and John Holper | Winthrop & Weinstine Under Minnesota Statutes § 541.051, an action arising out of the construction or improvement of real property must be commenced within two years after the cause of action accrues.[1] But when does the cause of action accrue? The Minnesota Supreme Court answered this question on February 3,… Continue reading Change to the Statute of Limitations for Construction Defect Cases – How It Affects You
Tag: construction defects
Caution To Contractors – How Your Subcontractor’s Defective Work Can Cost You In The Eleventh Circuit
Hannah-Kate Gosch | Freeman Mathis & Gary Are general contractors covered when the cost of repairing or removing a subcontractor’s defective work results in the loss of use of the tangible property which is not itself physically damaged? The United States Court of Appeals for the Eleventh Circuit recently addressed this issue in Tricon Development of… Continue reading Caution To Contractors – How Your Subcontractor’s Defective Work Can Cost You In The Eleventh Circuit
Washington State Supreme Court Issues Landmark Decision on Spearin Doctrine
Cameron Sheldon | Ahlers Cressman & Sleight The Washington State Supreme Court’s recent decision in Lake Hills Invs., LLC v. Rushforth Constr. Co. No. 99119-7, slip op. at 1 (Wash. Sept. 2, 2021) marks the first time in over 50 years that it has ruled on the Spearin doctrine. The Court’s opinion clarified the contractor’s burden when asserting a Spearin defense and affirmed the jury’s verdict in favor… Continue reading Washington State Supreme Court Issues Landmark Decision on Spearin Doctrine
Contractor Prevails on Summary Judgment To Establish Coverage under Subcontractor’s Policy
Tred R. Eyerly | Insurance Law Hawaii When sued for construction defects caused by the subcontractor, the general contractor was granted summary judgment on the issue of coverage under the subcontractor’s policy. Meritage Homes of Ga. v. Grange Ins. Co., 2021 U.S. Dist. LEXIS 84591 (N.D. Ga. March 23, 2021). Meritage built… Continue reading Contractor Prevails on Summary Judgment To Establish Coverage under Subcontractor’s Policy
CGL, Builders Risk Coverage and Exclusions When Construction Defects Cause Property Damage
Jeffrey Cavignac | Construction Executive Direct damage to property under construction caused by faulty or defective work or defective materials has been a coverage issue for decades. Two specific policies, the Commercial General Liability for the contractors building the structure and the Builders Risk Policy on the project both are sources of potential coverage. A… Continue reading CGL, Builders Risk Coverage and Exclusions When Construction Defects Cause Property Damage