Bill Wilson | Construction Law Zone In a case of first impression in Massachusetts, Lessard v. R.C. Havens & Sons, Inc., 104 Mass. App. Ct. 572 (2024), the Appellate Court confirmed that construction defects, without more, do not constitute property damage within the meaning of a commercial general liability policy (CGL). In Lessard, the homeowners filed suit against… Continue reading Massachusetts Appellate Court Confirms Construction Defects are Not Covered Under Commercial General Liability Policies
Category: Construction Defects
US Appeals Court Upholds No CGL Coverage for General Contractor for Subcontractor’s Defective Work
John Hugo, Kelly Martin Malone and Michael Robertson | MG+M The Law Firm On November 8, 2024, the US Court of Appeals for the First Circuit (the Court) issued a decision in the matter of Admiral Insurance Company, et al. v. Tocci Building Corporation, et al., No. 22-1462 (1st Cir. 2024). The appeal concerned a dispute… Continue reading US Appeals Court Upholds No CGL Coverage for General Contractor for Subcontractor’s Defective Work
Arizona Court Affirms Homeowners’ Association’s Right to Sue Over Construction Defects
Melissa Kenney | The Subrogation Strategist In Gallery Community Association v. K. Hovnanian at Gallery LLC, No. 1 CA-CV 23-0375, 2024 Ariz. App. Unpub. LEXIS 696 (Ct. App.), the Court of Appeals of Arizona (Court of Appeals) discussed whether a homeowners’ association can file an action for breach of the implied warranty of workmanship and habitability arising from… Continue reading Arizona Court Affirms Homeowners’ Association’s Right to Sue Over Construction Defects
Iowa Court of Appeals Issues Opinion Shielding Home Designer From Liability Following Contractor’s Defective Work
Jodie Clark McDougal and Jackson G. O’Brien | Fredrikson When homeowners discover defective construction, it can be difficult to understand and remedy the issues. It can be even more difficult to determine which parties are responsible. The Iowa Court of Appeals recently offered some clarity in Yakel v. Wheeler, No. 23-0795, 2024 WL 3290371, at *1… Continue reading Iowa Court of Appeals Issues Opinion Shielding Home Designer From Liability Following Contractor’s Defective Work
No Coverage for Additional Insured for Construction Defect Claim
Tred R. Eyerly | Insurance Law Hawaii The Seventh Circuit affirmed the district court’s grant of summary judgment to the insurers, finding there was no coverage for the additional insured on a construction defect claim. St. Paul Guardian Ins. Co. v. Walsh Construction. Co., 2024 U.S. App. LEXIS 10285 (7th Cir. April 29, 2024). … Continue reading No Coverage for Additional Insured for Construction Defect Claim