construction defect News

No Coverage for Alabama Builder Who Delayed Notice of Construction Defect Claims

An Alabama federal court ruled this week that a builder’s commercial general liability insurer has no duty to defend or indemnify against two construction defect lawsuits it faces, because it didn’t notify the insurer in a timely fashion. The U.S. …

Nevada Supreme Court Rules Insured Must Prove Coverage Owed in Construction Defect Litigation

At least 14 construction defect lawsuits have been filed against developers and subcontractors that built thousands of Nevada homes. Two insurers issued commercial liability policies to cover such claims, but they didn’t agree on whether a prior-damage clause in one …

Wash. Supreme Court Reverses, Finds $1.7 Covenant Settlement Reasonable

An insurer that refused a $399,000 settlement offer may have to pay more than $1.7 million because of a settlement that was made separately between its policyholder and an aggrieved customer, under a unanimous decision by the Washington Supreme Court …

Wisc. Court Upholds Subrogation Waiver in Construction Contract

A subrogation waiver in a construction contract blocks an insurer’s claim against a contractor whose alleged shoddy construction caused the collapse of a barn that cost more than $600,000 to replace, the Wisconsin Supreme Court ruled in a split decision. …

Engineers Say Mexico Quake Deaths Could Have Been Prevented

Warm lighting would enhance the wood floors’ natural glow, the developer promised, so when all the custom lightbulbs burnt out, Anahi Abadia and her husband grudgingly drove to Home Depot to replenish supplies for their chic new flat in central …

No Criminal Charges in Deadly California Balcony Collapse

A California prosecutor has decided against filing criminal charges in a fifth-story balcony collapse in Berkeley last year that killed six students from Ireland and injured seven other people, officials said Tuesday. Alameda County District Attorney Nancy O’Malley said she …

Minnesota Science Museum’s Lawsuit Over Leaky Building Dismissed

The Science Museum of Minnesota conceded defeat Friday in its legal fight with a design firm over persistent and costly water damage to the $100 million building that is one of the state’s top tourist attractions. Interim museum president John …

Colorado Judge to Decide on $14M Case of Homes Located on Sinking Soils

Homeowners at a golf course subdivision near Glenwood Springs, Colo., are waiting to see if a judge will uphold $14 million in awards related to defects in the construction of homes on sinking soils. A jury recently awarded nearly $7 …

Nevada Governor Signs Bill That Will Tighten Construction Defect Suit Rules

Nevada Gov. Brian Sandoval signed a bill Tuesday aimed at curbing frivolous lawsuits over construction defects after the measure passed through the Republican-controlled Legislature along party lines. The Republican governor said AB125, which was sponsored by Republican Assemblyman Ira Hansen, …

Texas Supreme Court Reins in Contractual Liability Exclusion on CD Claims

Over the past several years in Texas, there has been considerable uncertainty among carriers and policyholders over the scope of the contractual liability exclusion (exclusion b) in the standard CGL policy as it relates to garden-variety breach of contract claims …