RT ECP: General Contractors

May 10, 2016

Court Holds that Insurer is Liable for Contractual Prevailing Party Attorney’s Fees Following Unsuccessful Defense Fee Reimbursement Action

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 […]

March 11, 2016

Mechanical and Electrical Engineering Claims

Source: Victor O. Schinnerer & Company, Inc. From 2001 to 2010, approximately 20% of claims involving buildings included allegations of mechanical and electrical issues. Many of these involved mold (which is more of an issue for mechanical engineers than electrical engineers). For the same time period, the average indemnity payment on claims filed against mechanical […]

August 4, 2015

Lawsuit: Engineering firm behind Wake Tech's collapsed bridges wants insurer to help cover legal bills

Source: http://www.bizjournals.com, August 3, 2015 By: Jeff Jeffrey The engineering firm behind two collapsed bridges at Wake Tech’s Northern Campus is suing its insurance company, arguing that the insurer should help cover legal bills stemming from several lawsuits filed against the firm – including one filed by the family of a worker who was killed […]

July 28, 2015

Berkeley: Previous $3.5m case exposed defects in balconies

Source: http://www.irishtimes.com, July 28, 2015 By: Simon Carswell Rotten construction at another block built by same company led to settlement in 2013 The new residents of Park-Broadway, a 96-residence building in Millbrae, beside San Francisco International Airport, thought it odd that their apartments should smell of mould just a year after they moved in. The […]

July 6, 2015

Berkeley balcony collapse raises questions about reporting requirements for contractors

Source: http://www.lexology.com, June 30, 2015 By: Matthew T. Hawk, Gordon & Rees LLP In the wake of the recent balcony collapse that killed six people in Berkeley, California, questions have been raised regarding past claims made against the general contractor of that building, Segue Construction, particularly those regarding improperly waterproofed balconies at previous projects. Several […]

June 24, 2015

Balcony builder's history of woes

Source: San Francisco Chronicle, June 18, 2015 Posted on: http://fpn.advisen.com The investigation into the cause of the Berkeley apartment balcony collapse that killed six people and injured seven focused Wednesday on the company that constructed the building – a firm that has paid more than $6 million in the past two years to settle lawsuits […]

June 16, 2015

University files $8.5 million lawsuit, in March, over Global Scholars Hall construction defects

Source: http://www.dailyemerald.com, May 27, 2015 By: Gordon Friedman Update 5/28: Hoffman Construction Company Executive Vice President Bart Eberwein was reached for comment this morning, although he could not comment directly on the lawsuit. “I can only say that we are trying to lean into the problem, hope to fix it, hope the students like the building and […]

May 22, 2015

New Jersey Supreme Court Ruling Affirms Construction Defect Plaintiff’s Entitlement to Counsel Fees in Confirming Coverage Available to Defendant Contractor

Source: http://www.natlawreview.com, May 21, 2015 By: Thomas J. Pryor, Stark & Stark A unanimous New Jersey Supreme Court opinion has affirmed the rights of an aggrieved plaintiff to recover counsel fees incurred in prosecuting relief through a declaratory judgment; enforcing a duty to defend owed by a general liability carrier to a contractor defendant in […]

May 21, 2015

Builders' $26.5M Settlement Will Rebuild College's Collapsed Garage

Source: http://enr.construction.com, May 19, 2015 By: Scott Judy Contractors and insurers involved with a $22.5-million Miami Dade College parking garage project that partially collapsed during construction in October 2012 have agreed to pay the school roughly $26.5 million to rebuild the entire structure, according to a settlement reached May 6. Additionally, the contractors forgave an […]

May 19, 2015

Washington County Faulty Bridge Investigation Transcripts Released

Source: http://5newsonline.com, May 18, 2015 By: Zuzanna Sitek 5NEWS obtained transcripts Monday  (May 18) of interviews conducted during an investigation into faulty bridge construction in Washington County. The two-week investigation was conducted by a three-person panel appointed by the Washington County Quorum Court. They presented their report on May 5 and concluded the work environment […]

May 12, 2015

Miami Dade College wins $33 million settlement over collapsed parking garage

Source: http://www.miamiherald.com, May 11, 2015 By: Carli Teproff Miami Dade College has reached a $33.5 million settlement with the contractor and subcontractors hired to build a parking garage at the Doral campus that collapsed during construction more than two years ago, killing four people and injuring seven others. The settlement, both parties say, will allow […]

May 7, 2015

Construction case law update -April 14, 2015

Source: http://www.lexology.com, April 14, 2015 By: Michael G. Rothfeldt, Carlton Fields Jorden Burt FLORIDA FEDERAL CASES Commercial General Liability Policies; “Injury-in-fact” vs. “Manifestation” as Trigger for Coverage; “Your Work” Exception – A CGL policy’s “Your Work” exclusion precludes coverage for defective installation when no damage occurs beyond the defective work of a single subcontractor. General contractor entered […]

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