Dylan Magruder | Carlton Fields In Dostart v. Columbia Insurance Group, the Iowa Supreme Court reaffirmed the rule — in Iowa, and many other jurisdictions — that faulty workmanship by a contractor does not constitute an “occurrence” as defined in a standard commercial general liability (CGL) policy. And the court extended this rule to damages caused… Continue reading Iowa Supreme Court Reaffirms Rule That Faulty Workmanship Is Not an Occurrence, Leaving Question of Statutory Fraud for Another Day
Tag: construction defects
Oklahoma Limits Claims for Construction Cases
Liam Skaf | The Subrogation Strategist Often times, subrogation practitioners take the “kitchen sink” approach when pursuing claims: they name all potentially liable parties under all available legal theories and whittle down from there. With construction defect cases in particular, the difficulty of identifying exactly who did what and which contractual provisions have which effect… Continue reading Oklahoma Limits Claims for Construction Cases
Liability Clauses in Data Center Construction Contracts
Laura Riddeck | Reed Smith As the global demand for digital infrastructure accelerates, the data center construction sector is busier than ever. A key area of contention in the negotiation of the construction contracts for these projects is the extent to which the contractor will be liable for the consequences of delays, defects or non-performance.… Continue reading Liability Clauses in Data Center Construction Contracts
Colorado’s New Construction Bill: What Developers Need to Know
Christopher Yost | Adams & Reese On May 12, 2025, Governor Jared Polis signed HOUSE BILL 25-1272, a significant piece of legislation aimed at reforming the construction defect process, particularly for middle market housing (multifamily, attached housing of two or more units), to promote the construction of affordable homes in Colorado. This bill introduces several changes… Continue reading Colorado’s New Construction Bill: What Developers Need to Know
Adapting to Change: New Rules of Civil Procedure Require New Considerations for Construction Attorneys
Michael R. Holt, Erin Weinstock and Katherine Becerra | Rumberger Kirk On Jan. 1, 2025, the Florida Rules of Civil Procedure changed dramatically. The new rules and amendments are designed to enhance efficiency and impact the setting of cases for trial, case management, discovery practice, summary judgment, and more. Broadly speaking, the new rules attempt… Continue reading Adapting to Change: New Rules of Civil Procedure Require New Considerations for Construction Attorneys