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
Category: Construction Claims
Mediating Construction Claims in Real-Time
Eric Brodfuehrer | Ankura Why Owners and Contractors Should Consider a “Third-Party Neutral” To Resolve Disputes Prior to the Completion of a Project A Third-Party Neutral During Construction Primer What Is a Third Party Neutral? A Third-Party Neutral, or Project Neutral, is typically understood to be a mediator or arbitrator in legal proceedings tasked with… Continue reading Mediating Construction Claims in Real-Time
Colorado Legislature Considers Pair of Bills Which May Impact Colorado Construction Defect Claims – What Homebuilders Need to Know
Blake Jackson and Amanda McKinlay | Snell & Wilmer The Colorado General Assembly is considering a pair of bills which would modify the liability and exposure of homebuilders in Colorado. HB24-1230: Protections for Real Property Owners, introduced in the House of Representatives, aims to further protect homeowners by expanding the statute of repose under which a… Continue reading Colorado Legislature Considers Pair of Bills Which May Impact Colorado Construction Defect Claims – What Homebuilders Need to Know
Contractors May Be Able to Appeal Despite Government’s Delay in Issuing Its Final Decision
Alexander Gorelik and Barbara A. Duncombe | Taft Stettinius & Hollister A recent opinion from the Armed Services Board of Contract Appeals (ASBCA) suggests that contractors may be able to appeal before receipt of a contracting officer’s final decision (COFD) when the government seeks to delay issuing a decision. On April 3, 2024, the ASBCA addressed the… Continue reading Contractors May Be Able to Appeal Despite Government’s Delay in Issuing Its Final Decision
No Duty to Defend Construction Defect Claims under Kentucky Law
Tred R. Eyerly | Insurance Law Hawaii The federal district court determined that the insurer was not obligated to defend construction defect claims under Kentucky law. Westfield Ins. Co. v. Kentuckiana Commercial Concrete, LLC, 2023 U.S. Dist. LEXIS 222674 (W.D. Ky. Dec. 14, 2023). HRB, the owner of an apartment complex, filed… Continue reading No Duty to Defend Construction Defect Claims under Kentucky Law