LexisNexis® Legal Newsroom
The Big Dig Settlement: The Best They Could Do?

As I reported in the February issue of Mealey's Litigation Report: Construction Defects , a pair of contractors in a joint venture agreed late last month to split the bulk of a $458 million settlement with the U.S. and Massachusetts government over their allegedly shoddy work on Boston's Big...

Michael T. Callahan and Thaddeus J. Schurter on Expanding Commercial General Liability Coverage for Construction Defect Claims

Insurance coverage for construction defects or faulty workmanship has long been a contentious issue between insurers and policyholders. Numerous jurisdictions rejected coverage for such claims in the past, but now, disputes over construction defect claims are increasingly resolved in favor of coverage...

If You Build It, He Will Come (And Sue You)

By Randy Maniloff, Partner, White and Williams LLP 3 rd Circuit Addresses Construction Defect Coverage Under New Jersey Law The recent construction of New Meadowlands stadium in New Jersey - home of the Giants and Jets - has brought back talk of the longstanding urban legend that Teamsters Union...

For Insurers In Pennsylvania, Courts Continue to Sing The Praises Of Kvaerner And Gambone

By Randy Maniloff, Partner, White and Williams LLP Karen Carpenter, on life as an insurer in Pennsylvania handling construction defect claims: Everything I want the world to be Is now comin' true especially for me And the reason is clear, it's because Gambone is here It's the...

Duane Morris LLP: When Is Defective Construction Work Sufficiently "Unsafe" for N.J. Statute of Repose's Protection of Defendants?

By Robert A. Prentice and Michael W. O'Hara New Jersey's statute of repose 1 (the "Statute") precludes claims arising from the "defective and unsafe" condition of an improvement to real property that are asserted more than 10 years after construction of the improvement...

Vandeventer Black LLP: Law of Construction Defects and Failures: Strategies for Reducing Defects and Failures

Strategies for Reducing Defects and Failures - Prepared by Neil S. Lowenstein , Partner and Chair, Construction and Public Contracts Department, Vandeventer Black LLP Download a PDF of this publication © 2012 Vandeventer Black LLP Disclaimer .... Lexis.com subscribers can explore...

Duane Morris LLP: Key Calif. Supreme Court Decision for Developers in Resolving Construction Defect Disputes

On August 16, 2012, the California Supreme Court in Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC held that arbitration provisions in Covenants, Conditions and Restrictions (CC&Rs) are enforceable against an owners association. The state Supreme Court's decision settles...

Property Developer’s Failure To Perform Because Of the Economy Was An Occurrence

While much debate has centered around coverage for construction defects, the parties have at least known where the claims are coming from - a structure is set out to be built, something doesn't go right and repairs need to be made. But in IMG Worldwide, Inc. v. Westchester Fire Ins. Co., No. 11-1594...

Fifty States Of Mold Claims

I. Introduction This first-of-its-kind article provides an overview of many of the jurisdictionally specific mold-related litigation issues, and includes a checklist of how to successfully defend against mold claims. A 50-state survey of the three most critical and common legal issues arising from mold...

Georgia Supreme Court Holds Homebuilder's Concrete Foundation Defective Work Is An Occurrence

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In Taylor Morrison Servs. v. HDI-Gerling Am. Ins. Co. , 2013 Ga. LEXIS 618 (July 12, 2013) [ enhanced version available to lexis.com subscribers ], the Georgia Supreme Court addressed whether a construction defect claim constitutes...

Farella Braun + Martel LLP: New Case Affirms Broad Duty to Defend In Construction Defect Case Where Damage Dates Unclear

By John Green, Partner, Farella Braun + Martel LLP A new case from Oregon deals with a recurring problem in construction defect litigation—the absence of clear dates in the complaint regarding when damage is alleged to have occurred. Frequently, a plaintiff will allege that defects in a construction...

Musings on Necessary Evils and Construction Lawyers

“Hi, my name is Chris, and I’m a construction attorney .” While this sounds like an AA (attorney’s anonymous) introduction, this admission is not a step on the road to recovery (despite the recent discussions slamming an attorney’s role in the construction world). This...

Construction Defects: Alabama Supreme Court Holds Faulty Workmanship May Be An Occurrence

In its opinion in Owners Insurance Company v. Jim Carr Homebuilder, LLC , 2013 Ala. LEXIS 122 (Ala. Sept. 20, 2013) [ enhanced version available to lexis.com subscribers ], the Supreme Court of Alabama the court had the occasion to consider what constitutes an “occurrence” as defined under...

Homebuilder Construction Defects: Alabama Supreme Court Holds Faulty Workmanship May Be an Occurrence

In its opinion in Owners Insurance Company v. Jim Carr Homebuilder, LLC , 2013 Ala. LEXIS 122 (Ala. Sept. 20, 2013), [ enhanced version available to lexis.com subscribers ], the Supreme Court of Alabama the court had the occasion to consider what constitutes an “occurrence” as defined under...

Third Circuit Requires Affidavit of Merit in Products Liability Case Against Residential Homebuilder

by David A. Haworth, Carl G. Roberts, and Neal Walters In a case of first impression, the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of design defect claims against a residential homebuilder under New Jersey’s Product Liability Act when the homeowner failed to comply...