Scott R. Murphy and Anthony C. Sallah | Barnes & Thornburg In Skanska USA Building v M.A.P Mechanical Contractors, Inc., Docket No. 159510, ____ Mich ____, 2020 WL 3527909, the Michigan Supreme Court found that a subcontractor’s inadvertent faulty work may constitute an “accident” under Michigan law, and therefore constitute an accidental “occurrence” under current standard form… Continue reading Michigan Supreme Court Holds a Contractor’s Defective Work Is an ‘Occurrence’
Category: Faulty Workmanship
Coverage for Faulty Workmanship Denied
Tred R. Eyerly | Insurance Law Hawaii The court found there was no coverage for the insureds’ alleged negligent failure to construct a building. Evanston Ins. Co. v. DCM Contracting, 2020 U.S. Dist. LEXIS 63977 (N.D. Ga. Feb. 28, 2020). Turning Point Church sued DCM Contracting for faulty workmanship on a construction… Continue reading Coverage for Faulty Workmanship Denied
Resulting-Loss Exception Does Not Restore Coverage For Faulty Workmanship
Larry P. Schiffer | Insurance and Reinsurance Disputes Blog The faulty workmanship exclusion precludes coverage where the claimed damage is caused by or resulting from an act, error or omission (negligent or not) that relates to the design, specifications, construction, materials or workmanship. Can coverage nevertheless be restored by the resulting-loss exception to the exclusion? … Continue reading Resulting-Loss Exception Does Not Restore Coverage For Faulty Workmanship
Contractor Can’t Blame Inspector Who Failed to Note Non-Compliant Work
Stanley A. Martin | Commonsense Construction Law An electrical contractor was supposed to run power cables through conduit, but elected on its own to run about 40% of the power cable with flexible metal-clad (MC) cable, without conduit. For a large portion of the project, Army Corps of Engineers inspectors made no comment about use… Continue reading Contractor Can’t Blame Inspector Who Failed to Note Non-Compliant Work
Some Insurers Dismissed, Others Are Not in Claims for Faulty Workmanship
Tred R. Eyerly | Insurance Law Hawaii The insured Developer survived a motion to dismiss by one of several carriers who were asked to defend against claims for faulty workmanship. East 111 Assoc. LLC v. RLI Ins. Co., 2019 N.Y. Misc. LEXIS 5331 (Oct. 4, 2019). Developers sponsored a residential condominium project… Continue reading Some Insurers Dismissed, Others Are Not in Claims for Faulty Workmanship