Construction Defect & Insurance Claim Research Center
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December 2014
5th Circ. Rejects Insurer's Call To Review Home Defect Ruling
It's Not the Crime, It's the Cover-Up: Equitable Estoppel in Construction Defect Claims
Trust But Verify - Lessons in Handling Bad Faith Litigation
New Jersey’s Independent Contractor Rule
Calculating Actual Cash Value, Part 1: Florida
Utah Joins the Growing Fold: Damage from a Faulty Product is an Occurrence under a CGL Policy
Oregon Court Denies HOA’s Effort to Proceed Against Subcontractors for Construction Defect
Like Hats and Belt Buckles, Indemnity Agreements in Texas Must be CONSPICUOUS
Iowa Court: Construction Defect Remedy Doesn’t Extend to Banks, Developers
Important Decision in Favor of Policyholders on Matching Issue
Florida Appeals Court Provides Guidance on When an Insured’s Bad Faith Lawsuit is Ripe
Just What Does "Amount of Loss" Amount to in Appraisal Clauses? (Part 3)
When ACV is RCV Less Depreciation
Today’s Contracts Enforceability Issues, Part II: Those Pesky Forum Selection Clauses
Replacement Cost Value and the Insured’s Duty to Repair
“Voluntary” ≠ “Obligatory”: Good Deeds Do Not Trigger Coverage
Nevada Construction Defect Law Litigations Primer
Everything You Ever Wanted to Know About Slip and Fall Accidents (w/infographic!)
In Praise (or Not) of the Appraisal Clause in Homeowners Policies (Part 1)
In Praise (or Not) of the Appraisal Clause in Homeowners Policies (Part 2)
New Jersey Court: Loss of Use – Without More – Can Be “Direct Physical Loss or Damage”
Insurers Push Back Against Judge's Order on Hurricane Sandy Cases
Time Limit on Filing Certain Construction Lawsuits Extended
Keeping Pace with Texas Hail Claim 'Case-Runners'
Safeguard Your Litigation Privileges When Working With Insurance Brokers On Complex Insurance Claims
Legal Aspects of Managing Construction Projects in Massachusetts:
States Consider Stronger Building Codes in Hurricane-Prone Areas
Municipalities take Construction Defect Laws into their Own Hands
Statutory limit on change orders bars contractor claim in Virginia
November 2014
Challenges to the Admissibility of Expert Testimony: How Concerned Should Experts Be?
Mediation Privilege Bars Reopening Previously Settled Suit in Bankruptcy
Fifth Circuit Reaffirms the Importance of a Reasonable Claim Investigation Prior to Denial
Ask the Experts About Bad Faith; Just Be Careful How You Do It
New California Mechanics Lien Case Sheds Light on 10 Common Issues
What the Hail is Going on with Texas Insurance Claims?
Appraisal Of Insurance Losses And The "Actual" Definition Of "Actual Cash Value"
Fifth Circuit Addresses Contractual Liability Exclusion
Attack on Citizens’ Bad Faith Immunity Receives a Chilly Reception at Florida Supreme Court
Who is and who is not Covered by a Public Project Miller Act Payment Bond?
New Jersey Court Holds $22 Million “Named Storm” Deductible Applicable to a Superstorm Sandy Loss
5th Circuit Changes Mind in Construction Case
Legal Implications of Construction Defect Claims
Fair and Impartial Appraisers in Colorado
When is a Showing of Prejudice Required to Determine Waiver of Appraisal
General Contractors Can Be Sued by a Subcontractor’s Injured Employee
Court Interprets “Substantial Completion” to Extend Repose Period
To Survive An Earthquake, This House Slides Instead Of Shaking
Daubert Decisions not Just for District Courts Anymore
Heaven & Hail: Hail Insight and the Damage it Brings
Can a Contractor be Liable to Second Buyers of Homes for Construction Defects?
Pennsylvania - Late Notice: Claims-Made Policies & Notice-Prejudice
Texas Supreme Court Limits the Enforceability of No-Delay-Damages Provisions
Navigating the Illinois Anti-Indemnity Statute and Case Law
October 2014
Class Analysis Not Needed in Construction-Defect Case
Structural Deficiencies in Roof Collapses Can Lead to Subrogation Opportunities
They Covered What? You'll Never Believe these 11 Home Insurance Reimbursement Stories
Enforcing Notice Provisions in Construction Contracts in the United States
Oregon Bad Faith Insurance Lawsuits
Contractors Need to Be Involved in the Claims Process, BELFOR CEO Says
Concrete Is Not As Strong Of A Building Material As We Thought
Contractors: Beware the Subordination Clause
Mechanic’s Lien Reigns Supreme in the Battle of a Project Default? Not for a Waiving General
"Fairly Debatable" and "Two Times the Covered Benefit" Under Colorado law
Massachusetts Federal Court Declares Insured’s Construction of General Liability Policy “Irrational”
Lakewood's Challenge to Colorado's Defects Law likely to be Settled in Court
Steel Framing Association Aims to Raise Construction Standards
Navigating The Maze - Asserting And Defending Claims Arising From Renovations, Remodels And Repairs
Required Contract Provisions for Construction Contracts in California
Is that Covered? "Additional Insured" Coverage for Claims brought by Employees of Named Insured
Witnesses Say The Funniest Things
Construction Defect Claims Tackled By Lakewood
Construction Defect Claims: What’s at Stake, who’s at Risk
Why Home Inspectors Should Know Building Codes
A National Loss Study: The Billion Dollar Impact of Underestimated Roof Age
Insurer’s Liability for Breach of Contract Is Not a Condition Precedent to Insured’s Bad Faith Claim
Major Step Forward for California Design-Build: SB 785 Signed September 30, 2014
How to Build to Withstand a Natural Disaster
Limitations on Discovery: Going Behind the Face of an Appraisal Award
Connecticut Supreme Court Construes “Active Interference” Exception to “No-Damage-for-Delay” Clause
With Sewers Backing Up, Messy Damage Claims are On the Rise
September 2014
Oregon’s New Construction Codes Raise the Standards for Energy Efficiency Housing
Pennsylvania Court Addresses What is a Coverage Dispute for Appraisal Purposes
A Wave of Insurance Coverage Issues After Superstorm Sandy
The “Your Work” Exclusion—Is there a Trend Against Coverage?
If Rainwater Lands Where it Doesn’t Belong, It’s Still “Surface Water” in the Eleventh Circuit
The Economic Loss Rule Applies Only to Products Liability Cases, at least in Florida
10 Inside Secrets to Better Construction Expert Witness Depositions & Testimony
Florida: Coverage Determination, Not Breach of Contract, Permits Bad Faith Litigation
The Evolving Definition of Occurrence
“P3” is Way More than a New Buzzword
Tips on Avoiding Bad Faith Landmines During Trial
Texas Court Lays Out a Useful Roadmap of the Defenses to a Hailstorm Claim
August 2014
Pay Attention to Indemnity Provisions in Construction Contracts
Tweaking the Federal Rules of Civil Procedure
California Court Holds: A Flash Flood is....a Flood
Is Chinese Cast Iron Piping the Next 'Chinese Dry Wall' Epidemic?
Texas Supreme Court Offers Causation Guidance in Mesothelioma Cases
Warning: A Builder Who Rejects Assigned Counsel May Jeopardize Insurance Coverage
Engineers to Simulate and Model Tornado Winds and their Effects on Buildings
Choose your Words Wisely: the Allegations in a Construction Defect Complaint
Additional Insured Coverage and Contractual Assumption of Liability
“Your Work” Exclusion Bars Coverage for Tearing Down & Rebuilding Wall
5 Ways Contractors are Building More Disaster-Resistant Homes
July 2014
Insurance Coverage – Duty to Defend – Construction Defects
Alabama Supreme Court Reverses Course, Finds Insurance Coverage For Faulty Workmanship Claims
The California Supreme Court Decides In Favor Of Homeowners In Disputes With California’s Architects
Ohio Supreme Court Clarifies What is a “Pay-if-Paid” Clause
Design Professionals Owe a Duty of Care to Homeowners
ISO 2013 Additional Insured Endorsements Revisions - what the Construction Industry Needs to do
Privilege Issues Are Important in Homeowner Association Construction Defect Litigation
New York Passes Legislation Allowing Appraisal to Determine "Scope of Loss"
California Supreme Court Upholds Design Professionals' Duty to Future Residential Purchasers
Public Policy Limitations on Indemnity for Sole or Partial Negligence
Are the Necessary Components Making Up a Roof Divisible and Separate?
New York Appeals Court Rules in Favor of Insurer in Defective Construction Claim
In California, Drywall Should Not be Depreciated When Calculating Actual Cash Value
"Pollutant" Exclusions in Property Insurance Policies, Part 3
American Arbitration Association Announces New Supplementary Rules for Construction Cases
Does Your Arbitration Agreement Inadvertently Expose you to Liability for an Unlimited Time?
Does Your Insurance Cover Construction Defects?
Are Your Construction Contracts' Forum-Selection and Choice-of-Law Clauses Enforceable?
June 2014
Are Your Construction Contracts' Forum-Selection And Choice-Of-Law Clauses Enforceable?
Connecticut Holds that When a Lapsed Policy is Reinstated, Coverage is Only Restored Prospectively
Understanding Common Contract Provisions That Will Impact Your Business.
Determining Design Errors in Commercial and Residential Structures
New York and New Jersey Hold Fast to No “Occurrence” for Faulty Workmanship Claims
Job Safety and Risk Factors in Construction
Say What??!! When is There an Enforceable Agreement in the Subcontractor Bidding Process?
Construction Defect Disputes and the Abandoned Policyholder: Getting the Carrier to the Table
New Developments Related to SB 800
Adjuster May Be Personally Liable for Negligent Misrepresentation
Certification And Its Discontents: Rule 23 And The Role Of Daubert
The Standard of Care in a Design Build World
May 2014
A Blueprint for a Successful Construction Mediation
Swimming Against the Tide on Coverage for Faulty Workmanship
Expanded Definition Of "Occurrence" Did Not Convert Construction Defect Into Insured Claim
Common Law Implied Warranties in Construction
"Pollutant" Exclusions in Property Insurance Policies, Part 1
"Pollutant" Exclusions in Property Insurance Policies, Part 2
Contracts for Contractors – a Best Practices Guide
Study Suggests Building Codes Can Cut Energy Use—at a Price
How Building Codes are Being Used to Prepare for the Next Hurricane
Second Circuit Court of Appeals Decision Clarifies Time to File Suit Requirement in New York
Are Construction Dispute Claims By The State Ever Time Barred? Depends.
Construction-Defect Bills Make Late Advance in Colorado Senate
April 2014
Did You Unknowingly Sign Away Your Ability To Sue? Double Check Your Construction Agreement!
What Makes a Copy-Cat a Copy-Cat? The Complex Case of Architectural Copyright
D.C. Court Applies Common-Sense Limits to Davis-Bacon Act
10th Circuit Posits 'Unifying Theory' for Daubert Gatekeeping
Cal OSHA Operating Rules for Compaction Equipment and Hand Protection Effective July 1, 2014
Empower Your Arbitrator to Allocate or Award Attorneys' Fees
Ignoring Statutory Obligations May Breach an Insurance Contract
When Winning a Trial is a Bad Thing
Insurance Coverage - Liability of Adjuster for Negligent Misrepresentation
Experts and Photos - Clearing Up Collapse Coverage, Part V
District Court Rejects Novel Extension of the Davis-Bacon Act
Property Owner Is Strictly Liable For Building Code Violation
In a Reversal, Alabama Supreme Court Joins the Majority
Waiver of Change Order Requirements? It Can Happen.
Construction Law Alert: Long Term Express Warranties
Proving and Winning a First Party Bad Faith Case, Part 5 - The Nuts and Bolts of Discovery
Snowmelt, Heavy Rain, Floods and the Myth of Coverage
Defective Construction Claims: Where Breach of Warranty and Covered Occurrences Merge or Divide
The Supreme Court Makes Forum-Selection Clauses Easier to Enforce
Implied Waiver of Arbitration Clause Through Active Litigation -- Tuscan Builders Case Summary
The Implied Duty of Good Faith and Fair Dealing Lives!
Lien and Bond Notice Pitfalls - Details Matter
Fee Allocation in the Schedule of Values
Why Contemporaneous Project Scheduling is Important
March 2014
Additional Insured Endorsement – What Coverage Does it Provide?
Construction Workforce Trends Point to Increased Risk on Construction Projects
Xactware Streamlines Pack-Out with Release of ContentsTrack
Colorado Construction Defects Bill is on its way, but Details Remain Unknown
Enforcing Your Arbitration Agreement Just Became a Great Deal Easier
California Builders’ Right To Repair Is Alive
Insurance Coverage for Defective Construction: Litigation, Legislation and Reaction
Collapse Claims Make National Headlines - Clearing Up Collapse Coverage, Part IV
EPA Requiring Best Practices at Construction Sites to Control Erosion
Rule 26: Major Changes for Attorneys and Experts
Utah Supreme Court Rejects OSHA’s Multi-Employer Citation Policy
Substantial Compliance with Mechanic’s Lien Statutes is Sometimes Sufficient
Yes, SIR - Florida Supreme Court says Third-Party Payments can Satisfy Self-Insured Retention
Recent Court Decision Threatens to Expand Home Builders' Liability for Construction Defects
“Additional Insureds” are not Always Afforded Coverage for Defect Claims
Study Says N.Y. ‘Scaffold Law’ Drives Up Construction Costs, Causes Injuries
February 2014
Admitting Animations into Evidence
Is OSHA's New Silica Law Flawed?
Key Insurance Decision: Contractual Liability Exclusion Revisited and Restricted
It's Good to Read up on Lien Law
Farmers Insurance Switches to Xactware's Claims-Handling Solutions
Willis v. Swain Sets Who Can Sue Insurers for Bad Faith
Voluntary Payments Clause Bars Contractor’s Claim for Construction Damage
Recent Developments in Coverage for Construction Defect Claims
Workplace Safety: What To Expect From OSHA In 2014
Yes, Your Insurance Company Does Have A Duty to Investigate the Loss to Your Home or Business
Sharing a Bit of the History of Building Codes
Confusion Over Construction Defect Liability Spawns Legal Battles
Illinois Supreme Court Holds Five-Year Statute Applies to Fraud Claims Against Architects
Texas Supreme Court Hands Big Insurance Win to Construction Industry
Lack of Daubert Hearing Cancels $9.4M Verdict
January 2014
AIA Contract Promises No More Than to Perform Work in a Good and Workmanlike Manner
En Banc Ninth Circuit Adds Teeth To Daubert Gatekeeping Obligation
Contractual Liability Exclusion is Inapplicable to Construction Contract
Clearing up Collapse Coverage, Part III - on Gasparilla Saturday
Forum Selection Clauses After Atlantic Marine
Forum Selection Clauses After Atlantic Marine (Part II)
Should Subcontractors be Bonded?
4th Circ. Fuels Voluntary Payment Clause Enforcement Trend
Clearing up Collapse Coverage, Part II
Basic Components of a Well-Prepared Claim Document
Sixth Circuit Holds Construction Defect is not an Occurrence
The Need to Be Specific and Precise in Drafting Settling Agreements