Claims Journal A new report identifying commercial litigation waves likely to pick up steam in 2025 highlights one particular theme that could further lengthen the tail of general liability claims for insurers writing policies for contractors and builders. The 2025 “Commercial Litigation Outlook,“ published by the law firm Seyfarth Shaw provides an annual look at the… Continue reading Alert for Contractors, Builders Insurers: Construction Defect Lawsuits Likely to Rise
Tag: construction defects
Make Sure You Comply with Florida’s Pre-Suit Notice Requirements for Construction Defects
David Adelstein | Florida Construction Legal Updates Welcome to Florida! If you deal with construction defects in Florida, then you know, or certainly should know, about Florida Statutes Chapter 558. Chapter 558 contains the pre-suit notice requirements before instituting a construction defect lawsuit. They are a “must know” if you practice in the construction defect world. While I may not be a… Continue reading Make Sure You Comply with Florida’s Pre-Suit Notice Requirements for Construction Defects
South Carolina Ruling Has Major Implications on Indemnity Provisions and Collateral Estoppel
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
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