Todd Likman | Colorado Constructin Litigation As is often the case in construction defect and other insurance defense litigation, a plaintiff’s claims for relief typically encompass both covered and uncovered damages. Obviously, it is in the insured’s best interests to have as many damages covered by insurance as possible. From the insurer’s perspective and against the backdrop… Continue reading Requesting an Allocation Between Covered and Non-Covered Damages? [Do] Think Twice, It’s [Not Always] All Right
Tag: construction defects
Heads I win, Tails You Lose: Southern Owners Insurance Company v. MAC Contractors
Julius Parker | Butler Weihmuller Katz Craig On July 29, 2020, the Eleventh Circuit Court of Appeals issued its opinion in Southern Owners Ins. Co. v. MAC Contractors, of Fla., LLC, — Fed. Appx. —, 2020 WL 4345199 (11th Cir. July 29, 2020). While claiming to follow its own precedent, which narrowly interpreted the Florida Supreme Court’s decisions… Continue reading Heads I win, Tails You Lose: Southern Owners Insurance Company v. MAC Contractors
Washington Appellate Court Reaffirms Rule That Contractors’ Defense of Deficient Plans or Specifications Must be the Sole Cause of the Breach in Order to Shield Contractors From Liability
Geoff F. Palachuk | Lane Powell A contractor sued for breach of contract for construction defects will often assert an affirmative defense that the owner supplied deficient plans or specifications. Because that defense operates to completely shield the contractor from liability for alleged defects, Division One of the Washington Court of Appeals has reaffirmed the… Continue reading Washington Appellate Court Reaffirms Rule That Contractors’ Defense of Deficient Plans or Specifications Must be the Sole Cause of the Breach in Order to Shield Contractors From Liability
Champagne Wishes and Caviar Dreams. Unlicensed Contractor Takes the Cake
Garret Murai | California Construction Law Blog Before the Kardashians, before Empire, before Crazy Rich Asians there was Lifestyles of the Rich and Famous with Robin Leach. The next case, Moore v. Teed, Case No. A153523 (April 24, 2020), 1st District Court of Appeals, is about the unfulfilled wishes and dashed dreams of the $13 million… Continue reading Champagne Wishes and Caviar Dreams. Unlicensed Contractor Takes the Cake
Michigan Supreme Court Holds a Contractor’s Defective Work Is an ‘Occurrence’
Scott R. Murphy and Anthony C. Sallah | Barnes & Thornburg In Skanska USA Building v M.A.P Mechanical Contractors, Inc., Docket No. 159510, ____ Mich ____, 2020 WL 3527909, the Michigan Supreme Court found that a subcontractor’s inadvertent faulty work may constitute an “accident” under Michigan law, and therefore constitute an accidental “occurrence” under current standard form… Continue reading Michigan Supreme Court Holds a Contractor’s Defective Work Is an ‘Occurrence’