Clifford J. Shapiro | Barnes & Thornburg Whether property damage caused by defective construction work constitutes an accidental “occurrence” under the standard form Commercial General Liability (CGL) insurance policy is now highly dependent on which state’s law applies. Determining which state’s law applies to a particular construction defect claim is therefore critical and often outcome… Continue reading Inadvertent Construction Defects Are an ‘Occurrence’ Under the CGL Insurance Policy
Tag: construction defects
New Jersey Federal Court Provides Clarification/Limitation on the Application of the Continuous Trigger Theory in Construction Defect Cases
Margo Meta and Anthony Miscioscia | White and Williams The proper trigger of coverage in construction defect disputes has been addressed on several occasions by New Jersey courts. Most notably, in Air Master & Cooling, Inc. v. Selective Insurance Company of America, 452 N.J. Super. 35, 171 A.3d 214 (App. Div. 2017), the New Jersey Appellate… Continue reading New Jersey Federal Court Provides Clarification/Limitation on the Application of the Continuous Trigger Theory in Construction Defect Cases
ASBCA Confirms that the Government’s Failure to Identify a Defect During Construction is a Constructive Waiver of the Specifications
Maria Panichelli and Michael Richard | Obermayer Rebmann Maxwell & Hippel Many federal construction contractors have been there: it’s near the end of the project and the government raises an issue with work that was done much earlier, but is not in strict compliance with the specifications. The contracting officer demands strict compliance with the… Continue reading ASBCA Confirms that the Government’s Failure to Identify a Defect During Construction is a Constructive Waiver of the Specifications
Illinois Appellate Court Clarifies What Is and Is Not an “Occurrence” in the Construction Defect Context
Marianne Bradley and Anthony Miscioscia | White and Williams LLP On December 31, 2019, the First District Illinois Appellate Court issued its decision in Owners Insurance Company v. Precision Painting & Decorating Corporation, clarifying what does and does not constitute “property damage” caused by an “occurrence” in the construction defect context. 2019 IL App. (1st) 190926-U,… Continue reading Illinois Appellate Court Clarifies What Is and Is Not an “Occurrence” in the Construction Defect Context
Ten-Year Statute of Repose to Sue For Latent Construction Defects
David Adelstein | Florida Construction Legal Updates | August 18, 2019 If you are dealing with latent construction defects, it is imperative that you consult with counsel to understand your rights. This not only includes claims for property damage stemming from latent construction defects, but also personal injury stemming from such defects. There is a ten-year… Continue reading Ten-Year Statute of Repose to Sue For Latent Construction Defects