Blake Robinson | Davis Wright Tremaine One common consequence when a construction goes sideways, whether because the project is delayed or defects arise, is that the owner suffers lost revenue. For example, an apartment complex owner loses out on three months of rent when a project is completed three months after the substantial completion date… Continue reading Recovering Lost Profits in Construction Claims: What Should Project Owners Do?
Tag: construction defects
Illinois Supreme Court Indicates Potential Path for Insurance Coverage for Construction Defects Under CGL Policies
Brandon Clark and Megan Warshawsky | Saul Ewing On November 30, 2023, the Illinois Supreme Court issued a decision in the case of Acuity v. M/I Homes of Chicago, LLC, et al., 2023 IL 129087 with significant implications for insurance coverage of construction defects under commercial general liability (CGL) policies. The Acuity decision stems from a fairly mundane… Continue reading Illinois Supreme Court Indicates Potential Path for Insurance Coverage for Construction Defects Under CGL Policies
Emerging Trends in Shortened Statutes of Limitations and Statues of Repose
Ivette Kincaid and Thomas McCarrick | Construction Litigation Introduction A growing trend in construction defect legislation around the country has seen the shortening of statutes of limitation and statutes of repose for a plaintiff to bring claims related to construction defects. Over the past ten years, several states, notably Florida and Texas, have shortened their… Continue reading Emerging Trends in Shortened Statutes of Limitations and Statues of Repose
Recent Illinois Supreme Court Decision on Construction Defect Claim Is a Perfect Holiday Gift for Policyholders
Tamara Bruno and William Miller | Policyholder Pulse Blog The Illinois Supreme Court handed down a big win for policyholders just in time for the holidays. In Acuity v. M/I Homes of Chicago, LLC, the court joined the mainstream of jurisdictions and reversed years-old precedent that severely limited policyholders’ ability to tap their liability coverage for… Continue reading Recent Illinois Supreme Court Decision on Construction Defect Claim Is a Perfect Holiday Gift for Policyholders
Illinois Joins the Pack on Defective Construction as an Occurrence
Anna M. Perry | SDV Insights Illinois joins the majority of states finding “property damage that results inadvertently from faulty work can be caused by an ‘accident’ and therefore constitute an ‘occurrence’.” The Illinois Supreme Court’s ruling in Acuity v. M/I Homes of Chicago, LLC1 (“Acuity v. M/I Homes”) is the first high court ruling in Illinois… Continue reading Illinois Joins the Pack on Defective Construction as an Occurrence