John Mark Goodman | Bradley As construction claim lawyers, we are always on the lookout for insurance policies or “bonds” that might satisfy our client’s claim. On federal projects, this includes performance and payment bonds known as Miller Act bonds. These bonds, which take their name from the federal Miller Act that requires them on all federal contracts… Continue reading Maximizing Recovery on Construction Claims: Don’t Forget Bond Claims, Which Could Exceed the Underlying Claim!
Category: Construction Claims
Recent Florida Court Decision Provides Important Lesson on Construction Defect Damages
C. Ryan Maloney | Shutts & Bowen The recent Florida appellate case of Bandklayder Development, LLC v. Sabga,[1] provides an important lesson regarding damages for construction defects – that damages for construction defects must be proven based on costs of repair measured as of the date of the breach, not current repair costs as of the time… Continue reading Recent Florida Court Decision Provides Important Lesson on Construction Defect Damages
Summary Judgment for Insurer on Construction Defect Claim Reversed
Tred R. Eyerly | Insurance Law Hawaii The Fifth Circuit reversed the district court’s granting of summary judgment to the insurer on a construction defect claim asserted against the insured. TIG Ins. Co. v. Woodsboro Farmers Cooperative, 2024 U.S. App. LEXIS 24003 (5th Cir. Sept. 20, 2024). In March 2013, Woodsboro Farmers Cooperative… Continue reading Summary Judgment for Insurer on Construction Defect Claim Reversed
Third Circuit Vacates Judgment for Insurer on Alleged Construction Defect Claim
Tred R. Eyerly | Insurance Law Hawaii The Third Circuit vacated and remanded to the district court the judgment in favor of the insurer on a construction defect claim. Odedeyi v. AmTrust Financial Services Inc., 2024 U.S. App. LEXIS 24729 (3d Cir. Oct. 1, 2024). Mr. Odedeyi hired a contractor, who was… Continue reading Third Circuit Vacates Judgment for Insurer on Alleged Construction Defect Claim
Which Policy Covers That? Timing Considerations When Placing CGL Carriers On Notice Of A Construction Defect Claim
E. Samuel Crecelius III | Cokinos For a construction contractor, receiving notice of a claim for damages associated with the contractor’s work can be a daunting prospect. Particularly if the contractor’s first notice of the claim is a lawsuit naming the contractor as a defendant. Fortunately, most contractors do (and all contractors should) maintain commercial general… Continue reading Which Policy Covers That? Timing Considerations When Placing CGL Carriers On Notice Of A Construction Defect Claim