RT ECP: Faulty Workmanship

April 3, 2024

Faulty Workmanship Coverage Update

Source: https://www.lexology.com/, April 1, 2024 By: Amy L. Diviney, Plunkett Cooney PC Gardens Condominium v. Farmers Ins. Exch. No. 101892-4, — P.3d —, 2024 WL 1100749 (Wash. Mar. 14, 2024) The Washington Supreme Court affirmed the Washington Court of Appeals ruling that coverage for repairs to the Gardens Condominium’s (Gardens) roof components was available under the […]

March 15, 2024

Liability Coverage For Construction Claims May Turn On Narrow Factual Distinctions

Source: https://www.jdsupra.com/, March 14, 2024 By: Scott Thomas, Payne & Fears In a recent trial court decision, a Montana federal court reminds us how fragile insurance coverage can be for construction-related insurance claims. Specifically, this case illustrates how seemingly small factual nuances can make or break coverage. The case turned on the application of policy […]

August 9, 2023

Office Building

Source: Distinguished Programs A general contractor (GC) constructed a new office building. The windows were not sealed properly during  installation resulting in water intrusion along the windowsills and mold. The building’s owner filed a lawsuit against  the GC for mold that arose due to the faulty workmanship. Cleanup costs due to mold exceeded $250,000

July 14, 2020

Michigan Supreme Court Holds a Contractor’s Defective Work Is an ‘Occurrence’

Source: https://www.lexology.com/, July 8, 2020 By: Scott R. Murphy and Anthony C. Sallah, Barnes & Thornburg LLP The Michigan Supreme Court held that the definition of an “accident” in a subcontractor’s commercial general liability policy can include unintentionally faulty subcontractor work that damages an insured’s work product. The Michigan Supreme Court’s decision reversed several prior […]

August 27, 2019

Faulty Excavation Support Not Covered By Contractor Controlled Insurance Plan

Source: https://www.inredisputesblog.com, July 11, 2019 By: Larry P. Schiffer Construction projects are often subject to myriad claims.  Subcontractors can cause damage to third-parties and their property, the project can be delayed by municipal inspections or citations, workers can get injured, and property can be damaged by fire, collapse or weather.  To organize construction projects, sometimes […]

July 25, 2019

Bucking Modern Trend, Ohio Supreme Court Refuses to Reconsider Whether Defective Construction Work Can Be a Fortuitous ‘Occurrence’

Source: https://www.lexology.com, July 3, 2019 By: Clifford J. Shapiro, Barnes & Thornburg LLP The Ohio Supreme Court ruled on Oct. 9, 2018, that property damage caused by a subcontractor’s faulty workmanship can never be an accidental “occurrence” within the meaning of the commercial general liability (CGL) insurance policy, and is therefore not covered. In reaching […]

July 17, 2019

Faulty Excavation Support Not Covered By Contractor Controlled Insurance Plan

Source: https://www.lexology.com, July 11, 2019 By: Larry P. Schiffer, Squire Patton Boggs Construction projects are often subject to myriad claims. Subcontractors can cause damage to third-parties and their property, the project can be delayed by municipal inspections or citations, workers can get injured, and property can be damaged by fire, collapse or weather. To organize […]

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