Christopher G. Hill | Construction Law Musings | January 22, 2015 This past July, the Roanoke Circuit Court reminded us all of the need to put attorney fees provisions in construction contracts. In the case of Shen Valley Masonry, Inc. v. Thor, Inc., et al., the Court, among other rulings, allowed the defendant to collect its… Continue reading Why Attorney Fees Provisions Must Be in Your Contracts
Month: February 2015
California Guidance on Complex Duty to Defend Disputes over Additional Insured Status
Max H. Stern | Duane Morris LLP | January 28, 2015 In McMillin Companies, LLC v. American Safety Indemnity Co. (4th Dist. Div. 1, No. D063586, January 22, 2015 (published in relevant part)), the California Court of Appeal for the Fourth District has provided some meaningful guidance on how a trial court should handle issues that regularly… Continue reading California Guidance on Complex Duty to Defend Disputes over Additional Insured Status
No Coverage For Construction Defect Under Illinois Law
Tred R. Eyerly | Insurance Law Hawaii | January 26, 2015 The court followed precedent in Illinois and upheld the insurer’s denial of coverage for construction defects that did not damage other property. Design Concrete Founds., Inc. v. Erie Ins. Prop. & Cas. Co., 2014 Ill. App. Unpub. LEXIS 2684 (Ill Ct. App. Nov. 26, 2014).… Continue reading No Coverage For Construction Defect Under Illinois Law
Florida’s Claims Administration Statute – Use It or Lose Your “Coverage Defense”
John David Dickenson | Cozen O’Connor | January 15, 2015 Any Insurer issuing liability policies in Florida should be aware of the requirement of Florida’s Claims Administration Statute, § 627.426, or risk waiving viable “coverage defenses.” The definition of “coverage defense” under the statute has been the subject of considerable litigation in Florida for many… Continue reading Florida’s Claims Administration Statute – Use It or Lose Your “Coverage Defense”
Defeating the Ten-Year Statute of Repose For Latent Construction Defects
Porter Law Group | January 2015 It is an all-too-common scenario in California construction: Nine and a half years after completion of a major California construction project, immediately before the 10-year “statute of repose” for suing on “latent” construction defects expires, a lawsuit claiming damages for “recently discovered” latent construction defects is filed. The property… Continue reading Defeating the Ten-Year Statute of Repose For Latent Construction Defects