Tred R. Eyerly | Insurance Law Hawaii The Illinois Appellate Court reversed the lower court and found that the insured contractor was entitled to a defense for alleged construction defects. Acuity v. M/I Homes of Chicago, LLC, 2022 Ill. App. LEXIS 393 (Ill. Ct. App. Sept. 9, 2022). The owners association (AOAO) sued… Continue reading Contractor Owed a Defense
Tag: construction defects
Colorado Defective Construction is Not Considered “Property Damage”
SDV Insights In the July 5, 2022, case of Indian Harbor Ins. Co. v. Houston Casualty Co., the United States District Court for Colorado addressed the issue of whether damage to defectively installed balconies is considered “property damage” under Colorado law, requiring payment by a commercial general liability policy. Facts of the Case The case stems… Continue reading Colorado Defective Construction is Not Considered “Property Damage”
Colorado Defective Construction is Not Considered “Property Damage”
Saxe Doernberger & Vita In the July 5, 2022, case of Indian Harbor Ins. Co. v. Houston Casualty Co., the United States District Court for Colorado addressed the issue of whether damage to defectively installed balconies is considered “property damage” under Colorado law, requiring payment by a commercial general liability policy. Facts of the Case The… Continue reading Colorado Defective Construction is Not Considered “Property Damage”
Project Owners Can Effectively Combat Contractors’ Efforts To Use The Spearin Doctrine As A Sword With Strategic Planning Beforehand
Rose Tanner and paul Sonderegger | Thompson Coburn Contractors across the country can use the over 100-year old Spearin Doctrine—which places liability for construction defects on the party who either mandates specifications or is given discretion—as an offensive weapon to recoup damages. Recent case law has been handed down that clarifies and sets forth scenarios when a… Continue reading Project Owners Can Effectively Combat Contractors’ Efforts To Use The Spearin Doctrine As A Sword With Strategic Planning Beforehand
Construction Defect Claims Not Covered
Tred R. Eyerly | Insurance Law Hawaii The court found that the insured’s negligent acts causing damage to only the structure of the home it built were not covered under the CGL policy. Westfield Ins. Co. v. Zaremba Builders II LLC, 2022 U.S. Dist. LEXIS 36189 (N.D. Ill. March 2, 2022). Zaremba… Continue reading Construction Defect Claims Not Covered