Wally Zimolong – January 28, 2013 An unfortunate side-effect from the mid-2000’s construction boom is claims regarding faulty workmanship and defective construction. Because defective construction work is often latent, it may take years before the damage the defect is causing becomes apparent. Therefore, defects for homes built several years ago are just becoming apparently and… Continue reading Construction Defect Litigation: The Claims
Category: Construction Defects
How to Guarantee the HOA can’t Litigate Condo Construction Defect Claims
Jared E. Berg and John W. Mill – January 28, 2013 Developers and general contractors would like to avoid litigating construction defect claims brought by condominium homeowner associations. There is a way to do this. It is common practice for real estate attorneys, when drafting declarations for common interest communities, to include arbitration clauses in… Continue reading How to Guarantee the HOA can’t Litigate Condo Construction Defect Claims
Ohio Supreme Court – Claims for Property Damage to Insured’s Own Work Caused by Defective Workmanship not Covered under CGL Insurance Policies
Clifford Shapiro and Brad Stoll – December 19, 2012 The Ohio Supreme Court has held that commercial general liability (CGL) insurance policies do not cover claims for the repair or replacement of faulty or defective workmanship, but that resulting property damage can trigger coverage as an “occurrence.” Westfield Ins. Co. v. Custom Agri. Sys., Inc.,… Continue reading Ohio Supreme Court – Claims for Property Damage to Insured’s Own Work Caused by Defective Workmanship not Covered under CGL Insurance Policies
Michigan Court of Appeals – Update on Whether Defective Construction can Constitute an “Occurrence” Under CGL Policies
Scott Murphy – December 20, 2012 A recent coverage decision from the Michigan Court of Appeals should have general contractors examining the scope and limits of coverage provided by their commercial general liability (commonly referred to as “CGL”) policy. In Heaton v Pristine Home Builders, L.L.C., unpublished opinion per curiam of the Michigan Court of… Continue reading Michigan Court of Appeals – Update on Whether Defective Construction can Constitute an “Occurrence” Under CGL Policies
Vendors who Performed Own Home Repairs were not Builder/Sellers to whom Exception to the Rule of Caveat Emptor Applies
Alston & Bird LLP – December 10, 2012 In Georgia, the long-standing rule in real estate purchases is caveat emptor (“let the buyer beware”). There is one exception: a negligence action against a builder/seller. A builder/seller may be held liable in negligence where a dwelling is sold containing latent defects that the builder in the… Continue reading Vendors who Performed Own Home Repairs were not Builder/Sellers to whom Exception to the Rule of Caveat Emptor Applies