Michael J. Ciamaichelo | The Subrogation Strategist | January 17, 2019 The implied warranty of habitability allows a homeowner to recover damages for latent defects that interfere with the intended use of a home. In Sienna Court Condo. Ass’n v. Champion Aluminum Corp., 2018 IL 122022, 2018 Ill. LEXIS 1244 (2018), the Supreme Court of Illinois… Continue reading Illinois Supreme Court Holds That the Implied Warranty of Habitability Does Not Extend to Subcontractors
Tag: construction defects
General Release of Contractor Upheld Despite Knowledge of Construction Defects
Garret Murai | California Construction Law Blog | January 14, 2019 Ah, the elusive Lepus Cornutus, commonly known as the Jackalope. Rarely seen, we may have one in SI 59 LLC v. Variel Warner Ventures, LLC, Court of Appeals for the Second District, Case No. B285086 (November 15, 2018), an interesting case involving a developer, a contractor, a… Continue reading General Release of Contractor Upheld Despite Knowledge of Construction Defects
Florida Federal Court Finds Insurer Must Defend Contractor in Defective Condo Construction Suit
Michael S. Levine | Hunton Andrews Kurth LLP | December 27, 2018 The United States District Court for the Middle District of Florida recently granted summary judgment in favor of developer, KB Homes, ruling that Southern Owners Insurance Co. must defend KB Homes under various Commercial General Liability policies. The action arises from the construction… Continue reading Florida Federal Court Finds Insurer Must Defend Contractor in Defective Condo Construction Suit
Addressing the Defective Stucco Crisis
Wally Zimolong | Supplemental Conditions | November 21, 2018 I received several emails regarding the expose by Caitlin McCabe and Erin Arvedlund in the Philadelphia Inquirer titled “Rotting Within.” The story outlines the epidemic of defective stucco and other “building envelope” issues in Southeastern Pennsylvania that is causing homes to literally rot from within. Having litigated several… Continue reading Addressing the Defective Stucco Crisis
Insurer Must Defend Insured Against Construction Defect Claims
Tred R. Eyerly | Insurance Law Hawaii | October 4, 2018 Finding various exclusions inapplicable, the Federal District Court ruled that the insurer owed a defense to the general contractor based upon Texas law. Mt. Hawley Ins. Co. v. Slay Engineering, 2018 U.S. Dist. LEXIS 139363 (W.D. Texas Aug. 15, 2018). Huser Construction had a CGL… Continue reading Insurer Must Defend Insured Against Construction Defect Claims