Kirby Shealy III and W. Taylor Stanley | Adams and Reese Click here to read the S.C. Court of Appeals decision South Carolina contractors need to be aware of a recent decision by the South Carolina Court of Appeals that clarifies the landscape for indemnity provisions in contracts and introduces critical consideration regarding the application… Continue reading South Carolina Ruling Has Major Implications on Indemnity Provisions and Collateral Estoppel
Tag: construction defects
Court Denies Developer Insurance Coverage to Repair Defective Construction
Paul Ferland and Joshua Tumen | Cozen O’Connor In Curtis Park Group, LLC v. Allied World Specialty Insurance Company (2024 WL 5194886 (10th Cir. 2024)), the U.S. Court of Appeals for the Tenth Circuit determined that an insured real estate developer could not recover the hard costs associated with repairing a defective concrete slab because the insured… Continue reading Court Denies Developer Insurance Coverage to Repair Defective Construction
Recent Colorado Appeals Court Decision Provides Further Guidance on the Colorado Economic Loss Rule Doctrine
Laurie Choi, Amanda E. McKinlay and Joe Layzell | Snell & Wilmer In the recent decision of Veolia Water Tech., Inc. v. Antero Treatment LLC, 2024 COA 126 (Colo. App. 2024), the Colorado Court of Appeals addressed the “murky” application of the economic loss rule to the intentional tort of fraud. The Court separately affirmed the… Continue reading Recent Colorado Appeals Court Decision Provides Further Guidance on the Colorado Economic Loss Rule Doctrine
First Circuit Rules On Important Coverage Issue For Contractors
Christopher Sweeney | Conn Kavanaugh First Circuit Court of Appeals Rules That Standard Commercial General Liability Policy Excludes Coverage for Downstream Property Damage When General Contractor’s Scope of Work Covers Entire Building It is well-accepted that standard commercial general liability policies exclude coverage for construction contractors’ own defective work. That is, for example, a roofer… Continue reading First Circuit Rules On Important Coverage Issue For Contractors
Massachusetts Appellate Court Confirms Construction Defects are Not Covered Under Commercial General Liability Policies
Bill Wilson | Construction Law Zone In a case of first impression in Massachusetts, Lessard v. R.C. Havens & Sons, Inc., 104 Mass. App. Ct. 572 (2024), the Appellate Court confirmed that construction defects, without more, do not constitute property damage within the meaning of a commercial general liability policy (CGL). In Lessard, the homeowners filed suit against… Continue reading Massachusetts Appellate Court Confirms Construction Defects are Not Covered Under Commercial General Liability Policies