Construction Defect & Insurance Claim Research Center
Prior years: 2014 2013 2012 2011 2010 2009-2005
July 2015
Make the Most of Your Mediation: The Single-Family Construction Defect Case
Understanding Contribution and Indemnification in Multiparty Construction Defect Litigation
Revised Construction Industry Arbitration Rules Adopted by American Arbitration Association
The Ins and Outs of Bad Faith Claims in Florida
Additional Insured Endorsements in Construction
Setting Aside an Appraisal Award for Bias or Conflict of Interest
Keeping the Faith in Insurance Bad Faith
Insurance Industry Explores Google Glass Uses
Seventh Circuit Holds Insured Entitled to a New Roof for Purely Cosmetic Hail Damage
The Mediated Arbitration: Think Outside The Box The Next Time You Reach An Impasse During Mediation
Cosmetic damage caused by hail is a 'direct physical loss'
Observers Watching Strict New Construction-Defect Rules
“Continuous” Trigger is Alive and Well in Pennsylvania
H.B. 1455: New Texas Law Governing Condominium Association Construction Defect and Design Claims
Dear Expert, can we Talk? Expert Written Opinions and the Attorney Work-Product Doctrine
Washington Supreme Court Misses Opportunity to Clarify the Meaning Of “Collapse”
Sub Wins Against Owner -- It Was A Strategic Decision Not To Sue The GC
Construction Alert: Don't Overlook the Importance of Additional Insured Endorsements
Looking Backward: West Virginia Retroactively Imposes Coverage for Faulty Workmanship
Changes to Florida's Construction Defect Notice Statute
5 Disruptors that could turn the P&C Industry on its Head
June 2015
Subcontractors Win Big U.S. Appeals Court Ruling
Don't Overlook the Importance of Additional Insured Endorsements
Indemnity & Insurance Provisions in Construction Contracts
Washington Supreme Court Adopts Pro-Policyholder Interpretation of “Collapse” in a Property Policy
A Hail Dented Roof is Covered Direct Physical Damage and Loss
A House of a Different Color: The Changing Role of Appraisal Panels
Courts Say There’s No Claim for “Reverse Bad Faith.” Could They Be Wrong?
Florida’s 2015 Legislative Session: Impact to the Construction Industry
Virginia P3 Law Amendments: Good for the Public, Bad for Business?
3D Printing Comes to the Building and Construction Industry
Here are the 3 Big Trends on the Horizon for Claims Professionals
Don't Muck Up Your Case by Failing to Gather and Present the Right Evidence
Ninth Circuit: Under Arizona Law Mudslide Can Be Covered as the Direct Result of Fire
Arbitration In Insurance Coverage Disputes: Pluses And Minuses
New Florida Federal Court Decision Exposes Construction Insurance Gap
The Problem with One Year Warranties
8 Best Practices for Claims Litigation Management
Statute of Repose in Construction Cases Clear as Mud if Owner Does Not Pay
The 8 Most Misunderstood Coverage Issues in CGL Insurance
Unraveling the Mysteries of 'Additional Insured' Rights
Bill Would Add Statute of Limitations in State Construction Disputes
Building on Construction Liens
Property Claim Litigation Bill Passed by the Texas Senate
Calculating Actual Cash Value, Part 9: Colorado
May 2015
Summary Judgment Overturned in Coverage Dispute
Flood, Flood or Flood! Who Responds: AAIS, ISO or NFIP? – Part III
Is it Flood or Water Damage – Part IV of Flood, Flood or Flood
Limitations on Cross-Examination of Lay and Expert Witnesses
Should Court Approval be Required to Engage in Mediation?
Preparing Witnesses for Cross-Examination at Trial
Eleventh Circuit Rejects Insurer’s Application of “Manifestation Trigger” in Property Damage Case
Court of Appeals Ruling Favors Arbitration of Construction Defect Claims
Wave Of Construction Defect Law Reform May Continue
The Mother's Day Storm of Insurance Claim Denials
Concurrent Causes of Loss Discussed in Recent Case
Construction Defects – Settlement Agreement Bars a Later Suit for Latent Defects
Top Ten Construction Clauses - the Differing Site Conditions Clause
Smell May Constitute Physical Loss Under Policy
Atlanta Homes Built with Radioactive Concrete
Trial-Quality Expert Testimony...for Class Certification?
Flood, Flood, or Flood: What is Really Meant When a ‘Flood’ Loss is Reported? – Part I
Flood, Flood or Flood? – Part II
Policyholder Waits Too Long to Request Appraisal--So "Waive" Goodbye to the Appraisal Remedy
Deposing the Opposing Party's Expert, Part 1
Deposing the Opposing Party's Expert, Part 2
Deposing the Opposing Party's Expert, Part 3
Contractors Face New Risks with Early Design
Your Top 10 eDiscovery Tips for Insurance Professionals
The 5 Hottest Markets in Construction Insurance
April 2015
Effort to Limit Third-Party Property Insurance Claims Stalls in Legislature
Would Rot Damage Occur In A Garage If No One Were Around To See It? Yes, Judges Rule
Unethical Claims Cultures Promote Outcome Oriented Expert Reports
What's Your Priority? An Open-Ended Examination Of Pennsylvania's Mechanics' Lien Law
Washington State: Insurer Prevails On Summary Judgment Due To Insured’s Lack Of Prompt Notice
The Future of the Paralegal Profession Includes Regulation
Coverage for Construction Defects Barred By Exclusion j (5)
Replacement Cost Value After Denial
When is Mediation Appropriate for Your Construction Case?
Ohio Court Re-affirms Economic Loss Rule
California Expands Liability for Architects -- Duty of Care Owed to Third-Party Condo Buyers
Texas Court Talks Insurance and Actual Cash Value
Xactimate Skills. Don’t Leave Home Without Them.
New Tips for Examining Your Own Witnesses and Using Their Depositions at Trial
Here's how Drones are going to Transform the Insurance Industry
Playing with House Money: Fifth Circuit Holds that Home Designs Can Constitute Advertisements
Florida Contractors Fight Insurance Change
Right to Repair Reform: Revisions and Proposals to State’s “Right to Repair Statutes”
Watch Out for the Economic Loss Rule
Newly Revised Arizona Purchaser Dwelling Act Changes Rules for Construction Defect Claims
Florida Senate Tightens Requirements for Construction Defect Claims
The Do’s & Don’ts of Scaffold Safety in Construction
When Insurers Cause as much Damage as Catastrophes
Clarification of “No Damages for Delay” Exception in Construction Contracts
Dallas Appeals Court Renders Take-Nothing Judgment for Insurer in Construction Defect Case
Limits to the “Defend-One-Defend-All” Rule in Construction Contracts
What do Claimants Really Want? The Answer Might Surprise You
A Beacon for Homeowners and HOAs. Not So Much for Design Professionals
Top Ten Construction Clauses - the “Work” Clause
Contractors Beware: don’t Waive Goodbye to your Mechanic’s Lien Rights
The PCA Calls for Stronger Building Codes to Limit Fire Damage
March 2015
Smartglasses Help Adjusters see the Future of Claims
Filing Suit over Home Construction gets Harder
Iowa’s Highest Court: Damage by Rainwater is Damage by Rain
Property Catastrophe Pricing “Yet to Reach Bottom”: Morgan Stanley
Zachry Construction Corp.: the End to Indemnity for Exemplary Damages?
Indemnification Law in South Carolina 101: Contractual Indemnification
Indemnification Law in South Carolina 101: Equitable Indemnification
New Tips for Examining Your Own Witnesses and Using Their Depositions at Trial
What You Need to Know About RRP
The “Category of Water” in Flood Damaged Buildings can Directly Impact Repair & Rebuilding Costs
Neither Designated Work Exclusion nor Pre-Existing Damage Exclusion Defeat Duty to Defend
Silica Dust Damage Held Barred by Pollution and Faulty Workmanship Exclusions in New York
Scaffold Law advocates: 'Let the sunshine in'
Lawyers See Opportunity in FEMA Review of Sandy Claims
Court Refuses to Hold Sidewalk Defects Not Trivial or De Minimis
New York’s Highest Court Enforces a Water Damage Exclusion Despite an Ensuing Loss Exception
Five Critical Tips for the Successful Mediated Settlement of a Construction Dispute
Is Laminate Flooring The New Drywall For Insurers?
Think you’re Going to Supplement your Expert Disclosure? Think Again.
Nevada, Other States Target Construction-Defect Lawsuits
Economic Loss Rule Impacted by Recent Colorado Supreme Court Decision
How Pending Legislation could have a Major Impact on Contractors
Must there be More Than Damage to a Structure to be Structural Damage?
Design Professional Liens: A Blueprint
The Spearin Doctrine: Determining Who Bears the Risk of Design Errors
The Spearin Doctrine Cont’d: Some Important Nuances and Exceptions
Appellate Court Lets Broad General Release Stand in SB 800 Case
A Lawyer Discusses Hiring Consultants on Construction Projects: Where do I begin?
Can “Sticks and Stones” Break Expert's Credibility?
Mixing Concrete, Like Baking a Cake, is Fraught with Problems When the Recipe is Not Followed
February 2015
Here are the Top 10 Most Significant Liability Coverage Cases of All Time
Seventh Circuit Rejects Bright-Line Trigger Of Coverage Approach In First-Party Property Disputes
What Difference does it make? Pay if Paid vs. Pay when Paid
The Advantages and Disadvantages of Arbitration vs. Court Litigation
"Vandalism And Malicious Mischief" Can Include An Intentionally Set Fire (Arson)
What Judges Really Want Lawyers To Know
3 Things you Need to Know About Construction Defect Law
California Court Adopts Broad Interpretation of “Occurrence,” Finds Coverage
Insurer On The Hook To Defend Faulty Construction Claims
Court Confirms Insurer Permitted to Choose Counsel in Discharging Duty to Defend
Licensing Challenges for Multi-State Design Practices
Waive Not, Want Not: Waivers and Releases on California Construction Projects
Alert: Warning Signs before a Snow-Load Roof Collapse Occurs
Lien Waivers Should Be Fair — And Efficient
HOA Scam shows need for Construction Defect Reform
Don't Mess with Texas Adjusters in Hail Damage Claims
40 Essential Apps for Trial Lawyers, Part Two
This Year’s Construction Insurance Trends
The Insurance Coverage Debate on Construction Defects Continues
“At-issue” Waiver: it ain’t over till it’s over
Utah Federal Court Stays Proceedings Under Miller Act Pending Arbitration
Anatomy of an Indemnity Provision
Denial of Summary Judgment Does Not Automatically Establish Duty to Defend
Weathering Winter Storm Juno with Roof Collapse Coverage
Insurance Coverage on Construction Projects
New P3 Legislation To Take Effect in Washington, D.C.
Altering Insurance: Texas Lawmakers take aim at Hailstorm Claim Litigation
Trial Court Erred in Ruling a Sidewalk Defect that caused a Trip-and-Fall
January 2015
A Dog-Eat-Dog World: When Insurers Sue Each Other For Bad Faith
Fifth Circuit Reverses Course in Construction Defect Case
Bill Introduced to give Colorado Shortest Statute of Repose in U.S.
The Duty to Defend: The 3 Primary Sources of Insurer Litigation
No Damages For Delay Exceptions: Active Interference?
Proposed Legislation Could Have Significant Impact on Florida’s Construction Defect Statute
Your “Independent Contractor” Clause Just Got a Little Less Relevant
The Demise Of The Economic Loss Rule In Construction Defect Litigation
Contractors And Owners Beware: Your Contracts May Limit Your Recoverable Damages
Colorado Lawmakers Gear up for Construction-Defects Reform in 2015
Another Case Highlighting the Difference Between CGL Policies and Performance Bonds
Key Revisions to New York City Construction Codes will Impact Development and Design
Is Defective Construction Covered by your Insurance Policy?
Calculating Actual Cash Value, Part 2: California
The Effects of Construction Accidents
Insurance Bad Faith Law A 2014 Retrospective and a Look Ahead to 2015
South Carolina Imposes Heavy Burden on Experts in Design Defect Cases
Recent Decision as to Meaning of "Comparable Material and Quality"
Colorado Lawmakers Gear up for Construction-Defects Reform in 2015