Jim Sams | Claims Journal An Alabama judge awarded Robert and Mindy Barton $900,000 for actual damages and emotional distress caused by the botched construction of their custom home, but they won’t be able to collect that judgment from the homebuilder’s general liability insurer. The Barton’s own pleadings in the lawsuit against their contractor doomed… Continue reading No Coverage for Damages Caused by Contractor’s ‘Wanton’ Negligence, 11th Circuit Rules
Month: February 2023
Second Circuit Affirms No Duty to Defend Claims Against Construction Firm Outside the Scope of Professional Liability Coverage
Margaret Karchmer | Wiley Rein The United States Court of Appeals for the Second Circuit, applying New York law, has held that neither of two claims against an insured construction company fell within the scope of coverage under the company’s claims-made and reported professional liability policies, where one claim was not both first made and… Continue reading Second Circuit Affirms No Duty to Defend Claims Against Construction Firm Outside the Scope of Professional Liability Coverage
Claim for Collapse After Demolition of Building Fails
Tred R. Eyerly | Insurance Law Hawaii After several city citations and the eventual demolition of the insureds’ apartment building, their claim for coverage based on collapse was unsuccessful. Barker v. AmGuard Ins. Co., 2022 U.S. Dist. LEXIS 202069 (W.D. Mo. Nov. 7, 2022). The plaintiffs purchased a three-story multi-family apartment building… Continue reading Claim for Collapse After Demolition of Building Fails
Harnessing Innovation to Improve the Quality of Arbitrator Decision-Making
Hon. Nancy Wieben Stock | JAMS A neutral’s perspective on the evolution of resolving construction disputes For several years, the shuttering effects of a global pandemic have severely hampered the ability of arbitrators and advocates to use direct techniques to try complex commercial arbitration cases. Forced closures, tempered by the need to timely resolve construction… Continue reading Harnessing Innovation to Improve the Quality of Arbitrator Decision-Making
Top Five Provisions to Review in Your Construction Contract
John Hawkins | Porter Hedges It’s 3:00 p.m. on a Friday and you’ve been tasked with reviewing a construction contract by close of business. It’s long, and you only have time to review the most important terms. Which ones do you choose? Divide and Conquer Contract terms can be divided into three general categories of… Continue reading Top Five Provisions to Review in Your Construction Contract