David Adelstein | Florida Construction Legal Updates The economic loss rule lives to bar a claim against a product manufacturer in a real estate transaction. In a products liability action, there needs to be personal injury or property damage, other than to the property itself, in order to recover economic damages. Otherwise, the economic loss rule will bar… Continue reading Economic Loss Rule Bars Claims Against Manufacturer
Month: November 2020
Eleventh Circuit Vacates District Court Decision Finding No Duty to Defend Faulty Workmanship Claims
Tred R. Eyerly | Insurance Law Hawaii The Eleventh Circuit vacated the district court’s grant of summary judgment to the insurer finding there was no duty to defend. Southern-Owners Ins. Co. v. Mac Contractors of Florida, LLC, 2020 U.S. App. LEXIS 23918 (11th Cir. July 29, 2020). Mac Contractors entered into a… Continue reading Eleventh Circuit Vacates District Court Decision Finding No Duty to Defend Faulty Workmanship Claims
Note to “Additional Insureds” Relying on Builders’ Risk Insurance: Federal Court Decision Evaluates Extent of Coverage
Ken Sherman | Construction Law Zone The United States District Court for the District of Massachusetts has provided construction project owners, developers, general contractors, sub-contractors, suppliers, and vendors with a helpful reminder about obtaining effective additional insurance coverage on construction projects. In Factory Mut. Ins. Co. v. Skanska United States Bldg., No. 18-cv-11700-DLC, 2020. U.S. Dist.… Continue reading Note to “Additional Insureds” Relying on Builders’ Risk Insurance: Federal Court Decision Evaluates Extent of Coverage
Another Record Wildfire Season: Check Your CGL Policy
Matthew R. Divelbiss and Peter D. Laun | Jones Day With election season dominating the news cycle, it’s easy to miss the headlines from California and other Western states. “Record Wildfires on the West Coast Are Capping a Disastrous Decade.” “Global warming driving California wildfire trends – study.” “As wildfires rage, climate experts warn: The… Continue reading Another Record Wildfire Season: Check Your CGL Policy
Overstated Lien is Void; Contractor Thus Liable to Owner for Damages
Stanley A. Martin | Commonsense Construction Law The New York lien law, similar to lien laws in some other states, calls for rejection of a lien if it has been “willfully exaggerated.” A New York Appellate Division court has upheld rejection of a contractor’s lien for that reason. Contractor and homeowners signed a contract for… Continue reading Overstated Lien is Void; Contractor Thus Liable to Owner for Damages