Michael N. Kreitzer and Brandon P. Rose | Homebuilder Legal | April 6, 2015 The Florida Senate is following a recent national trend of tightening its laws governing construction defect claims. Currently, under FL. Stat. § 558.004, entitled Notice and Opportunity to Repair, a party claiming a construction defect must serve a notice of claim… Continue reading Requirements Tighten for Construction Defect Claims
Tag: Construction Defect Claims
Construction Records Key to Defending Defect Claims
Matt Dunning – November 20, 2013 Although most contractors acknowledge that maintaining thorough contractual and operation records can greatly reduce the severity of construction defect claims, insurance experts said Wednesday that lack of documentation among their clients remains a pervasive issue. In 2012, in four out of five construction defect disputes involving Hartford, Conn.-based Travelers… Continue reading Construction Records Key to Defending Defect Claims
SB800 Is Now Optional to the Homeowner?
James Ganion – August 30, 2013 Dear Builders, Colleagues, and Interested Parties: I attach for your review a copy of this week’s opinion of the California Court of Appeal in our case of Liberty Mutual v. Brookfield. This opinion represents a significant change to the right of California builders to repair homes under SB800, California’s… Continue reading SB800 Is Now Optional to the Homeowner?
Professional Services Exclusion Precludes Coverage For Design Defect Claims
Wiley Rein – May 23, 2013 Applying Nevada law, a federal district court held that an insurer has no duty to defend or indemnify claims alleging damage from design defects in houses constructed by the insureds due to the policy’s professional services exclusion. St. Paul Fire & Marine Ins. Co. v. Del Webb Communities, Inc.,… Continue reading Professional Services Exclusion Precludes Coverage For Design Defect Claims
Insurers Have a Duty to Defend Construction Defect Claims … Maybe.
Robert Thomas – April 18, 2013 Earlier this week, the Intermediate Court of Appeals (ICA) issued an important decision, concluding that insurance companies have a duty to provide a defense for policyholders when they are sued for construction defects. This seems like good news to the insureds. But all is not clear after the court’s… Continue reading Insurers Have a Duty to Defend Construction Defect Claims … Maybe.