Source: http://www.callawyer.com, May 9, 2016 By: Timothy M. Thornton, Jr. The key is resultant property damage to other parts of the project or building. In many scenarios involving allegedly defective construction, the injured party—be it a homeowner, a commercial project developer or a homeowners association—asks that the issue be turned over to the contractor’s insurance […]

Source: http://www.jdsupra.com, May 6, 2016 By: Christopher Kendrick, Valerie Moore, Haight Brown & Bonesteel LLP In Hearn Pacific v. Second Generation Roofing (no. A142203, filed 5/2/16), a California Court of Appeal held that despite prosecuting an indemnity action against a subcontractor for reimbursement of defense costs in the name of its insured developer, the developer’s […]

Source: http://blogs.mprnews.org, May 5, 2016 By: Brian Bakst Minnesota lawmakers abandoned an effort Thursday to punish companies that designed and built the Science Museum of Minnesota, which has experienced severe and pricey water-intrusion problems dating back to the time it opened 17 years ago. The museum is seeking $13 million in state bonding help toward repairs […]

Source: http://www.texaslawyer.com, May 2, 2016 By: David Walton and
Brandan Montminy Eight years later, in U.S. Metals Inc. v. Liberty Mutual Group Inc., the court addressed a policyholder’s effort to significantly expand CGL policies to cover construction and product defects. Focused less on the scope of the insuring agreement as in Lamar Homes and more on […]

Source: http://www.jdsupra.com, April 22, 2016 By: David Beck, Pillsbury – Gravel2Gavel Construction & Real Estate Law The recent decision of Allied Property & Casualty Insurance Co. v. Metro North Condominium Associates highlights why only a minority of jurisdictions still hold to the fiction that construction defects cannot give rise to an “occurrence” covered under a […]

Source: http://www.lexology.com, April 21, 2016 By: John R. Lockard, Vandeventer Black LLP The Supreme Court of Virginia recently addressed construction contractors’ potential liability for damages caused by design defects. In William H. Gordon Associates, Inc. v. Heritage Fellowship Church, a church hired an engineering firm to design a rain tank system to provide storm water […]

Source: http://www.lexology.com, April 12, 2016 By: Corey N. Giroux, Strang, Scott, Giroux & Young, LLP New Hampshire has enacted a dispute resolution statute for residential construction defect claims made by homeowners that, among other things, provides contractors notice and opportunity to resolve alleged construction defects prior to a disgruntled owner instituting litigation against them. Despite […]

Source: http://www.lexology.com, April 18, 2016 By: Stephen W. Kiefer, Pepper Hamilton LLP Balfour Beatty Infrastructure, Inc. v. Rummel Klepper & Kahl, LLP, 226 Md. App. 420, 130 A.3d 1024, 2016 Md. App. LEXIS 3 ( Md. Ct. Spec. App. Jan. 28, 2016) The City of Baltimore retained a design professional, Rummel Klepper & Kahl (“RK&K”), […]

Source: http://www.natlawreview.com, April 12, 2016 On Monday, in Certain Underwriters at Lloyd’s, London v. Arch Specialty Ins. Co., 16 C.D.O.S. 3833 (Cal. Ct. App. Apr. 11, 2016), the California Court of Appeal (Third District) rejected Arch Specialty Insurance’s attempt to enforce “other insurance” clauses in the conditions and coverage grant of the relevant policies. London […]

Source: http://www.lexology.com, April 1, 2016 By: Scott R. Murphy, Barnes & Thornburg LLP Note: This article appears in the April 2016 edition of Barnes & Thornburg LLP’s Construction Law Update e-newsletter. Within the past two years California courts have recognized negligence claims against professional engineers and architects in the absence of privity. First, in Beacon […]

Source: http://www.lexology.com, March 23, 2016 By: Carly Miller, Bradly Arant Boult Cummings LLP A recent Pennsylvania case, Gongloff Contracting, LLC v. L. Robert Kimball & Assocs., Architects and Engineers, Inc., sheds light on circumstances in which design errors can lead to damages in tort as courts recognize exceptions to the economic loss doctrine for such […]

Source: http://www.yourerie.com, March 22, 2016 By: leanne Stuck ERIE, Pa A construction error made in the building of a new Bayfront Hotel may delay the process. During the construction of the new Courtyard Marriott on the Bayfront,  incorrect drywall was used in 150 guest bathrooms. The sub-contractor, Associated Finish Systems, realized the mistake and is taking […]