Michigan Supreme Court Holds a Contractor’s Defective Work Is an ‘Occurrence’

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’

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

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