Massachusetts Appellate Court Confirms Construction Defects are Not Covered Under Commercial General Liability Policies

Bill Wilson | Construction Law Zone In a case of first impression in Massachusetts, Lessard v. R.C. Havens & Sons, Inc., 104 Mass. App. Ct. 572 (2024), the Appellate Court confirmed that construction defects, without more, do not constitute property damage within the meaning of a commercial general liability policy (CGL). In Lessard, the homeowners filed suit against… Continue reading Massachusetts Appellate Court Confirms Construction Defects are Not Covered Under Commercial General Liability Policies

Arizona Court Affirms Homeowners’ Association’s Right to Sue Over Construction Defects

Melissa Kenney | The Subrogation Strategist In Gallery Community Association v. K. Hovnanian at Gallery LLC, No. 1 CA-CV 23-0375, 2024 Ariz. App. Unpub. LEXIS 696 (Ct. App.), the Court of Appeals of Arizona (Court of Appeals) discussed whether a homeowners’ association can file an action for breach of the implied warranty of workmanship and habitability arising from… Continue reading Arizona Court Affirms Homeowners’ Association’s Right to Sue Over Construction Defects

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

Iowa Court of Appeals Issues Opinion Shielding Home Designer From Liability Following Contractor’s Defective Work

Jodie Clark McDougal and Jackson G. O’Brien | Fredrikson When homeowners discover defective construction, it can be difficult to understand and remedy the issues. It can be even more difficult to determine which parties are responsible. The Iowa Court of Appeals recently offered some clarity in Yakel v. Wheeler, No. 23-0795, 2024 WL 3290371, at *1… Continue reading Iowa Court of Appeals Issues Opinion Shielding Home Designer From Liability Following Contractor’s Defective Work

Grace is (Almost) Gone – Florida Shortens Construction Defect Lawsuits to Seven-Year Window, Beginning July 1, 2024

Lee Tomlinson | Adams and Reese On July 1, 2024, the time frame to report construction defects in the state of Florida shifts from 10 years to seven years, as the grace period ends for Florida Senate Bill 360. SB360 was signed into law last year by Gov. DeSantis. It effectively modifies Section 95.11(3)(c) (now designated… Continue reading Grace is (Almost) Gone – Florida Shortens Construction Defect Lawsuits to Seven-Year Window, Beginning July 1, 2024

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