Robert D. Chesler and Bruce Strong | Anderson Kill | February 3, 2017 The New Jersey Supreme Court has affirmed the Appellate Division’s pro-policyholder decision in Cypress Point, confirming broad coverage for construction defects. Cypress Point Condominium Association v. Adria Towers, LLC (A-13/14-15) (076348) (August 4, 2016). The Appellate Division had reversed the trial court… Continue reading New Jersey Supreme Court Affirms Coverage For Construction Defects
Tag: Advise & Consult
The Impact of Sopris Lodging v. Schofield Excavation on Timeliness of Colorado Construction Defect Claims
Jean Meyer | Colorado Construction Litigation | January 23, 2017 On October 20, 2016, the Colorado Court of Appeals announced the Sopris Lodging, LLC v. Schofield Excavation, Inc.[1] decision. The Sopris decision significantly altered the potential pitfalls awaiting a general contractor in pursuit of third-party claims as well as potential defenses available for a subcontractor… Continue reading The Impact of Sopris Lodging v. Schofield Excavation on Timeliness of Colorado Construction Defect Claims
A Known Construction Defect Left Uncorrected Is Not An Accidental “Occurrence”
Troutman Sanders | January 23, 2017 In Navigators v. Moorefield, the court addresses two coverage questions in the context of a commercial general liability insurer’s action for reimbursement of all amounts it paid toward the settlement of construction defect litigation against its general contractor insured. First, if the policy states that it covers property damage… Continue reading A Known Construction Defect Left Uncorrected Is Not An Accidental “Occurrence”
Related Acts Provisions in Professional Liability Policies
Christopher Fredericks and Gregory S. Mantych | International Law Office | February 7, 2017 Introduction Of the various provisions found in insurance policies, few lend themselves to existential exploration more than those concerning ‘related’ acts. What makes two separate acts related? Does the relationship come down to the similarities or the differences? Does one act… Continue reading Related Acts Provisions in Professional Liability Policies
Federal Court in Pennsylvania Analyzes Which Types of Damage are Barred by Contractual Waiver of Consequential Damages
Kristopher Berr | Pepper Hamilton LLP | January 26, 2017 Jay Jala, LLC v. DDG Construction, Inc., No. 15-3948, 2016 US Dist. LEXIS 150969 (E.D. Pa. Nov. 1, 2016) Jay Jala, LLC was the owner of a motel construction project in Allentown, Pennsylvania. DDG Construction, Inc. was the contractor. The project was delayed during construction… Continue reading Federal Court in Pennsylvania Analyzes Which Types of Damage are Barred by Contractual Waiver of Consequential Damages