Jacob C. Cohn, Joseph A. Arnold and Scott B. Galla – October 23, 2012 On October 12, 2012, the Ohio Supreme resolved a long simmering conflict among Ohio’s intermediate appellate courts by answering the following certified question: Are claims of defective construction/ workmanship brought by a property owner claims for “property damage” caused by an… Continue reading Ohio Supreme Court Rules That Claims Of Defective Workmanship Against A Builder Do Not Constitute An Occurrence Under A CGL Policy
Category: Construction Law
Claim for Damages for Defective Work
John A. Stewart – October 1, 2012 Dr. John and Christine Taylor contracted with Randy Rivera to prepare plans for the construction of a new home in Crowley, Louisiana. Leger Construction, LLC was the general contractor. Post-Tension Slabs, Inc. built the foundation. Roy Carubba, an engineer, contracted with Post-Tension to design the foundation. Defects were… Continue reading Claim for Damages for Defective Work
Arbitration Clause Enforcement
Joseph J. Dinardo – October 5, 2012 Construction professionals across the country should be aware that courts will go to great lengths to enforce arbitration provisions whenever possible. This trend is due in part to the fact that the dockets of many courts are now more crowded than ever and judges seek for ways to… Continue reading Arbitration Clause Enforcement
Arizona Construction Law Summary
James J. Sienicki and Eric H. Spencer – September 14, 2012 This year has been a busy one so far for legal developments affecting the Arizona construction industry. Here is a brief summary of court cases and legislation of interest. Case Law: In Wang Electric, Inc. v. Smoke Tree Resort, LLC, 2012 Ariz. App. LEXIS 120,… Continue reading Arizona Construction Law Summary
Construction Defect Claims: An Update [Part 1]
Thomas F. Segalla, Matthew S. Lerner and Han K. Kim – October 1, 2012 Construction defect coverage and liability litigation continues to be jurisdictionally specific and dictated by the relevant terms, conditions, limitations, exclusions and endorsements contained in the policy of insurance at issue. An assessment of the cases reported in this update indicates that… Continue reading Construction Defect Claims: An Update [Part 1]