No Coverage Under Installation Policy When Read Together with Insurance Application
January 16, 2024 —
David Adelstein - Florida Construction Legal UpdatesA recent case out of the Eleventh Circuit denied an underground contractor’s claim under what appears to be a commercial property installation floater policy (inland marine coverage) that covers the contractor’s materials. Whereas a builder’s risk policy is more expansive, an installation floater is narrower and can provide protection to a contractor for materials and equipment in transit, stored, or being installed subject to the terms of the installation floater policy. It can provide coverage to a trade subcontractor for materials that aren’t covered by builder’s risk.
In Travelers Property Casualty Company of America v. Talcon Group, LLC, 2023 WL 8798053 (11th Cir. 2023), an underground utility contractor that had a general contractor’s license had an installation policy that provided coverage “only for underground utility operations and the site development work tied to those operations.” Talcon Group, supra, at *1. The utility contractor was constructing two residential homes that was on land owned by an affiliated family entity. During construction of the residential homes, a wildfire destroyed the homes prior to the issuance of certificates of occupancy. The utility contractor submitted a notice of loss to its insurance carrier that provided the installation policy. The carrier denied the claim because the construction of the homes was NOT the same type of work as the installation of underground utilities which was covered. An insurance coverage lawsuit ensued.
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin Norris, P.A.Mr. Adelstein may be contacted at
dma@kirwinnorris.com
Residential Contractors, Be Sure to Have these Clauses in Your Contracts
December 23, 2023 —
Christopher G. Hill - Construction Law MusingsI have often “mused” on the need to have a good solid construction contract at the beginning of a project. While this is always true, it is particularly true in residential contracting where a homeowner may or may not know the construction process or have experience with large scale construction. Often you, as a construction general contractor, are providing the first large scale construction that the homeowner has experienced. For this reason, through meetings and the construction contract, setting expectations early and often is key.
As a side note to this need to set expectations, the Virginia Department of Professional and Occupational Regulation (DPOR) and the Virginia General Assembly require certain clauses to be in every residential construction contract. DPOR strictly enforces these contractual items and failure to put them in your contracts can lead to fines, penalties and possibly even revocation of a contractor’s license.
Read the full story...Reprinted courtesy of
The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
Courthouse Reporter Series: The Bizarre Case That Required a 117-Year-Old Expert
December 04, 2023 —
Todd Heffner & Di'Vennci Lucas - The Dispute ResolverA recent decision by the Georgia Court of Appeals, Munro v. Georgia Department of Transportation, highlights how overly specific and inflexible rules of evidence can create peculiar results.
Munro involved a dispute over the design of a Georgia intersection. No. A23A0404, 2023 WL 4194716 (Ga. Ct. App. June 27, 2023). The plaintiff alleged that the defendant improperly designed the intersection, never corrected that improper design, and failed to properly maintain the intersection. These claims were dismissed for a very odd reason: the plaintiff’s expert witness wasn’t old enough.
The case arose from a car accident. A vehicle in which the plaintiff Munro was a passenger collided with a tractor trailer crossing an intersection. Munro sued the Georgia Department of Transportation (DOT) for negligently designing, maintaining, and inspecting the intersection. The DOT filed a motion to dismiss for lack of subject matter jurisdiction on the ground of sovereign immunity and a motion to exclude the testimony of the Munros’ expert witness, among other motions. The trial court dismissed the case in full on the sovereign immunity ground and denied the other motions as moot. The Munros appealed.
Reprinted courtesy of
Todd Heffner, Troutman Pepper and
Di'Vennci Lucas, Troutman Pepper Read the full story...Mr. Heffner may be contacted at
todd.heffner@troutman.com
The Top 3 Trends That Will Impact the Construction Industry in 2024
December 04, 2023 —
The Hartford Staff - The Hartford InsightsAs more than 40% of the current U.S. construction workforce will retire in the next decade, industry leaders need to equip themselves with the necessary resources to combat the shifting work environment.1
“Trends in the construction industry will fluctuate in the coming years, which can lead to additional risks for industry leaders. It will be important to think about how they can address any potential risk factors. A lot of leaders have been increasing their planning efforts and looking into technology solutions to combat the ongoing labor shortage,” said David DeSilva, head of construction at The Hartford. Here, he outlines the top three top trends for business leaders to watch in 2024.
1. Ongoing Labor Shortages
Construction is an industry that traditionally has a high labor turnover rate, which means companies needs to hire more frequently. This only increases during labor shortages. The construction workforce is up against several factors, including an aging workforce and recruitment struggles.
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The Hartford Staff, The Hartford Insights
Court Finds Matching of Damaged Materials is Required by Policy
April 02, 2024 —
Tred R. Eyerly - Insurance Law HawaiiThe court granted, in part, the insured's motion for summary judgment by finding that matching roof tiles were required under the policy. Bertisen v. Travelers Home and Marine Ins. Co., 2024 U.S. Dist. LEXIS 3907 (D. Colo. Jan. 8, 2024).
The insureds sued Travelers for breach of contract, common law bad faith, and unreasonable delay or denial of benefits. They alleged that their residence was damaged by a hailstorm and that Travelers breached their policy and acted in bad faith in the handling of the claim. The insureds demanded an appraisal to determine the "amount of loss" under the policy and an appraisal award was issued. Travelers then denied payment for all roof tiles that were contemplated by the appraisal award.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Certificates of Merit: Is Your Texas Certificate Sufficient?
January 22, 2024 —
Gus Sara - The Subrogation StrategistIn Eric L. Davis Eng’g, Inc. v. Hegemeyer, No. 14-22-00657-CV, 2023 Tex. App. LEXIS 8899, the Court of Appeals of Texas (Court of Appeals) considered whether the plaintiffs’ certificate of merit, in support of their professional malpractice claim against the defendant engineers, adequately set forth the experience and qualifications of the expert who submitted the certificate. The defendants filed a motion to dismiss, alleging that the certificate of merit was inadequate because it failed to establish that the expert practiced in the same specific areas as the defendants in relation to the work at issue. The lower court denied the defendants’ motion. The Court of Appeals affirmed the lower court’s decision, finding that there was sufficient information for the lower court to have reasonably found that the plaintiffs’ expert practiced in the same area as the defendants.
In Hegemeyer, the plaintiffs sued Eric L. Davis Engineering, Inc. (Davis) and Kenneth L. Douglass (Douglass), alleging improper design of their home’s foundation. The plaintiffs retained Davis to design and engineer the home and Douglass prepared the plans for the home. The plans called for the installation of post-tension cables in the home’s foundation. The plaintiffs alleged that the foundation design was improper and brought professional malpractice claims against Davis and Douglass.
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Gus Sara, White and WilliamsMr. Sara may be contacted at
sarag@whiteandwilliams.com
Thanks to All for the 2024 Super Lawyers Nod!
May 13, 2024 —
Christopher G. Hill - Construction Law MusingsIt is with humility and a sense of accomplishment that I announce that I have been selected for the seventh straight year to the
Virginia Super Lawyers in the Construction Litigation category for 2024. Add this to my recent election to the
Virginia Legal Elite in Construction and I’ve had a pretty good year. As always, I am thrilled to be included on these peer-elected lists.
So without further ado, thank you to my peers and those on the panel at Virginia Super Lawyers for the great honor. I feel quite proud to be part of the
5% of Virginia attorneys that made this list for 2024.
The full list of Virginia Super Lawyers will appear in the May edition of Richmond Magazine. Please check it out.
If you want to see the lists before then, a digital version of the Virginia Super Lawyers Magazine is
available here (click on the Virginia magazine).
Thanks again to all of you who participated in my nomination and election.
Read the full story...Reprinted courtesy of
The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
Los Angeles Seeks Speedier Way to Build New Affordable Homes
April 29, 2024 —
Patrick Sisson - BloombergArchitect Brian Lane calls it “1,000 ways to no.” That’s the wall of red tape that he and his colleagues at the Santa Monica-based firm Koning Ei
Jean Nouvel’s NYC ‘Vision Machine’ Sued Over Construction DefectsCourt of Appeals Affirms Dismissal of Owner’s Claims Based on Contractual One-Year Claims Limitations PeriodTraub Lieberman Attorneys Lisa M. Rolle and Vito John Marzano Secure Dismissal of Indemnification and Breach of Contract Claims Asserted against SubcontractorFlorida triggerLas Vegas, Back From the Bust, Revives Dead ProjectsReal Estate & Construction News Roundup (05/23/23) – Distressed Prices, Carbon Removal and Climate ChangeHold on Just One Second: Texas Clarifies Starting Point for Negligence Statute of LimitationsConstruction Defects Not Occurrences under Ohio LawNoncumulation Clause Limits Coverage to One OccurrenceStarting July 1, 2020 General Contra
Insurance Law Client Alert: California FAIR Plan Limited to Coverage Provided by Statutory Fire Insurance Policy
Asbestos Client Alert: Court’s Exclusive Gatekeeper Role May not be Ignored or Shifted to a Jury
Understand Agreements in Hold Harmless and Indemnity Provisions
Coverage Denied for Ensuing Loss After Foundation Damage
New Plan Submitted for Explosive Demolition of Old Tappan Zee Bridge
Appraisal May Include Cause of Loss Issues
Ten Years After Colorado’s Adverse Possession Amendment: a brief look backwards and forwards
Rhode Island Examines a Property Owner’s Intended Beneficiary Status and the Economic Loss Doctrine in the Context of a Construction Contract
CDJ’s #10 Topic of the Year: Transport Insurance Company v. Superior Court (2014) 222 Cal.App.4th 1216.
The Greenest U.S. Cities & States
How to Defend Stucco Allegations
S&P 500 Little Changed on Home Sales Amid Quarterly Rally
Court Strikes Down Reasonable Construction Defect Settlement
Construction Defect Leads to Death of Worker
Wichita Condo Association Files Construction Defect Lawsuit
Ontario Court of Appeal Clarifies the Meaning of "Living in the Same Household" for Purposes of Coverage Under a Homeowners Policy
Arizona Court Determines Statute of Limitations Applicable to a Claim for Reformation of a Deed of Trust (and a Related Claim for Declaratory Judgment)
The Louvre Abu Dhabi’s Mega-Structure Domed Roof Completed
Is an Initial Decision Maker, Project Neutral, or Dispute Resolution Board Right for You?
Nomos LLP Partners Recognized in Super Lawyers and Rising Stars Lists
Claim for Punitive Damages Based on Insurers' Alleged Bad Faith Business Practices Fails
An Obligation to Provide Notice and an Opportunity to Cure May not End after Termination, and Why an Early Offer of Settlement Should Be Considered on Public Works Contracts
Quarter Four a Good One for Luxury Homebuilder
Updated 3/13/20: Coronavirus is Here: What Does That Mean for Your Project and Your Business?
Performing Work with a Suspended CSLB License Costs Big: Subcontractor Faces $18,000,000 Disgorgement
Will Maryland Beltway Developer's Exit Doom $7.6B P3 Project?
Ambiguity in Pennsylvania’s Statute of Repose Finally Cleared up by Superior Court
Connecticutt Class Action on Collapse Claims Faces Motion to Dismiss
Will They Blow It Up?
California Court Confirms Broad Coverage Under “Ongoing Operations” Endorsements
Environmental Roundup – April 2019
Construction Client Advisory: The Power of the Bonded Stop Notice Extends to Expended Construction Funds
South Carolina Supreme Court Finds that Consequential Damage Arise From "Occurrence"
Construction Manager Has Defense As Additional Insured
Reminder: Know Your Contractor Licensing Rules
COVID-19 Response: California Occupational Safety and Health Standards Board Implements Sweeping New Regulations to Prevent COVID-19 in the Workplace
Manhattan to Get Tall, Skinny Tower
E-Commerce Logistics Test Limits of Tilt-Up Construction
Update: Supreme Court Issues Opinion in West Virginia v. EPA
Home Construction Thriving in Lubbock
Remodel Gets Pricey for Town
Newmeyer Dillion Secures Victory For Crown Castle In Years-Long Litigation With City Council Of Piedmont Over Small Cell Wireless Telecommunications Sites
Safer Schools Rendered Unsafe Due to Construction Defects
Latest Updates On The Coronavirus Pandemic
Builders Can’t Rely on SB800
Digitalizing Cross-Laminated Timber Construction
Court of Appeals Finds Arbitration Provision Incorporated by Reference Unenforceable
Global Insurer Agrees to Pay COVID-19 Business Interruption Claims
Condo Board May Be Negligent for not Filing Construction Defect Suit in a Timely Fashion
Connecticut Court Clarifies Construction Coverage
