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Indemnity, duty to defend, and timing
  • Commonsense Construction Law LLC
  • USA
  • January 20 2016

The concept of indemnity gets a lot of press. With good reason, since an indemnity is one tool in the risk management shed. As a recent court

Construction Case Law Update - January 11, 2016
  • Carlton Fields
  • USA
  • January 11 2016

A contractor’s commercial general liability insurer appealed a final judgment in favor of homeowners that damages awarded to them in a construction

Federal Court in Florida Holds Liability Policy Covers Ongoing Damage to Defective and Non-Defective Property
  • Phelps Dunbar LLP
  • USA
  • December 30 2015

A federal court in Florida held that a CGL policy provided coverage for the complete replacement of subcontractors' defective work causing ongoing

Tower crane is neither “temporary works” nor “incidental” to construction; damage excluded from builder’s risk coverage
  • Commonsense Construction Law LLC
  • USA
  • December 24 2015

Many readers will remember seeing photos and videos of a dangling tower crane boom, high above the Manhattan skyline, resulting from Hurricane Sandy

To Stay or Not to Stay That Is the Question
  • Carlton Fields
  • USA
  • December 23 2015

In the insurance arena, courts are often confronted with simultaneous lawsuits involving the same, or almost the same, parties. In the "underlying

Costs Incurred to Repair Property Other Than Insured's Defective Work Itself Are Covered Damages
  • Manatt Phelps & Phillips LLP
  • USA
  • December 4 2015

A Florida federal court ruled that an insurer owes $23 million in indemnification to its insured, a general contractor, for repairs made to fix

Oregon adopts covenants not to executeassignments
  • Cozen O'Connor
  • USA
  • December 1 2015

This past week, the Supreme Court of Oregon overturned 42 years of precedent, holding that Stubblefield v. St. Paul Fire & Marine, 267 Ore. 397, 517

California appeals court rejects insurer’s “escape” clause and confirms tolling of statute of limitations for equitable contribution claims
  • Gordon & Rees LLP
  • USA
  • November 5 2015

In Underwriters of Interest v Probuilders Specialty Ins. Co. (Case No. D066615, filed 102315), the California Court of Appeal for the Fourth

Provide notice (and 10 other tasks) when pursuing a construction claim
  • Burr & Forman LLP
  • USA
  • November 4 2015

When dealing with construction claimswhether one for construction defects, outstanding payment, or delay damagesan initial hurdle is making sure

Maryland intermediate Appellate Court finds duty to defend general contractor against allegations of negligence under subcontractor’s insurance policy
  • Hunton & Williams LLP
  • USA
  • November 4 2015

Maryland's Court of Special Appeals recently ruled in James G. Davis Construction Corporation v. Erie Insurance Exchange that a subcontractor's