Tred R. Eyerly | Insurance Law Hawaii | May 4, 2015 The Eleventh Circuit affirmed the district court’s finding of a duty to defend, but reversed, in part, the insurer’s duty to indemnify. Carithers v. Mid-Continent Cas. Co., 2015 U.S. App. LEXIS 5540 (11th Cir. April 7, 2015). After discovering a number of defects in their… Continue reading #10 – Duty To Defend Construction Defect Case Affirmed, Duty to Indemnify Reversed In Part
Tag: construction defect
Cosmetic Defects Found To Be Basis For Termination Of Contractor For Default
Matthew J. DeVries | Burr & Forman LLP | December 9, 2015 In the construction world, many of us lawyers talk about what is known as a material breach in order to support a termination of the contract. In other words, the event that supports the claim for default or termination or breach of contract must be… Continue reading Cosmetic Defects Found To Be Basis For Termination Of Contractor For Default
Florida Supreme Court Rejects the “Risk Utility” Test for Strict Liability Design Defect Cases
Brian T. Stansbury, David M. Hawthorne and Hugh J. Turner, Jr. | Akerman LLP | November 5, 2015 In a key products liability decision, Aubin v. Union Carbide Corp., No. SC12-2075, 2015 WL 6513924, at *1 (Fla. Oct. 29, 2015), the Florida Supreme Court rejected the Restatement (Third) of Tort’s “risk utility” test which permits a plaintiff… Continue reading Florida Supreme Court Rejects the “Risk Utility” Test for Strict Liability Design Defect Cases
Architects and Design Professionals Can Be Held Liable For Defects Based On Third Party Claims
Joseph M. Fenech, Esq. | Low, Ball & Lynch A homeowners association, on behalf of its members, sued a condominium developer and various other parties for construction design defects that allegedly made their homes unsafe and uninhabitable for a significant portion of the year. Two defendants were architectural firms that allegedly designed the homes in… Continue reading Architects and Design Professionals Can Be Held Liable For Defects Based On Third Party Claims
Provide Notice (and 10 other tasks) when Pursuing a Construction Claim
Matthew J. DeVries | Burr & Forman LLP | November 4, 2015 When dealing with a construction claim — whether one for construction defects, outstanding payment, or delay damages—an initial hurdle is making sure that proper notice has been given. Generally, you have to make sure that you comply with the contract or insurance provisions by: (1)… Continue reading Provide Notice (and 10 other tasks) when Pursuing a Construction Claim