construction defect News

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 …

Bills Target Nevada’s Construction Defect Law

Construction defect laws intended to protect consumers have morphed into a trial lawyer’s dream and a nightmare for Nevada’s building trades, putting many out of business and sending the cost of insurance skyrocketing, representatives of the homebuilding and construction industry …

Organization Best Defense in Handling Construction Defect Claims

Subrogation, indemnity, and legal issues are important factors when dealing with construction defect (CD) claims. Because these issues arise concurrently, it’s essential that adjusters stay organized when handling CD claims, according to Lynne Jurek Shannon and Doris T. Bobadilla, construction …

Legislation Signed to Restore Coverage For S.C. Contractors

This week S.C. Governor Nikki Haley signed into law legislation to address the state’s Supreme Court ruling on Crossmann Communities of North Carolina, Inc. v. Harleysville Mutual Insurance Co.(Crossman). Earlier this year, the state Supreme Court issued a unanimous ruling …

Nevada Construction Defect Bill Dies in Senate

Proposed Nevada construction defect lawsuit reforms that were criticized as “window dressing” by the building industry died in the Senate. AB401 sponsored by Democratic Assembly Speaker John Oceguera failed on 9-12 vote. The bill would have set a three-year statute …