News & Analysis as of

Construction Industry General Contractors Faulty Workmanship

Carr Maloney P.C.

To Pay or Not to Pay “Rip and Tear” Damages

Carr Maloney P.C. on

Should a contractor’s Commercial General Liability (CGL) insurance policy cover the expense of uncovering defective work causing damage to the owner’s property as well as the costs of exposing or accessing damaged building...more

Payne & Fears

Pennsylvania Federal Court Confirms: Construction Defect Claims Not Covered by CGL Policies

Payne & Fears on

The construction industry operates under the constant spectre of claims seeking damages for defective or faulty workmanship. Fortunately, the law in most states treats these claims as covered under commercial general...more

Carlton Fields

South Carolina Federal Court Finds No Coverage for Faulty Workmanship Damages Discovered Years After Occurrence-Based Policy...

Carlton Fields on

Potential Six-Year Delay in Notice of Flood and Mold Damage “Substantially Prejudiced” Insurer - In Atain Specialty Insurance Company v. Carolina Professional Builders, LLC et al., 2:18-cv-2352-BHH (D.S.C. Oct. 2, 2020),...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? Forgot to Buy Insurance

Dear YouDig?, We thought we had insurance coverage if a subcontractor screws up. Now we hear that the Ohio Supreme Court says we might not? What is going on? I would never be caught dead without comprehensive insurance. I...more

Bradley Arant Boult Cummings LLP

Ohio Supreme Court Bucks Recent Trend and Holds No Coverage for Construction Defects Under Commercial General Liability Policy -...

The insurance coverage analysis under a commercial general liability (“CGL”) insurance policy begins with the “insuring agreement.” The standard CGL policy provides coverage for “those sums that the insured becomes legally...more

Bradley Arant Boult Cummings LLP

Reasonable Expectations Cannot Overcome Unambiguous Policy Language - Construction and Procurement Law News, Q4 2018

In a recent decision, the Third Circuit Court of Appeals (a federal appellate court supervising the federal trial courts in Delaware, New Jersey, Pennsylvania, and the Virgin Islands) enforced the plain meaning of an...more

White and Williams LLP

Ohio Rejects the Majority Trend and Finds No Liability Coverage for a Subcontractor’s Faulty Work

White and Williams LLP on

In Ohio N. Univ. v. Charles Constr. Servs., 2018 Ohio LEXIS 2375 (No. 2017-0514, October 9, 2018), the Supreme Court of Ohio was recently called upon to determine if a general contractor’s Commercial General Liability (CGL)...more

White and Williams LLP

Third Circuit Court of Appeals Concludes “Soup to Nuts” Policy Does Not Include Faulty Workmanship Coverage

White and Williams LLP on

Earlier this month, in Frederick Mutual Insurance Company v. Hall, the U.S. Court of Appeals for the Third Circuit concluded that coverage for faulty workmanship claims is “simply not the kind of coverage insurance agents and...more

Pillsbury - Policyholder Pulse blog

Ohio Supreme Court Finds Subcontractor’s Faulty Workmanship Causing Damage to the Work Itself Not Covered under CGL Policy

Last week, the Ohio Supreme Court unfortunately narrowed the scope of coverage for a subcontractor’s faulty workmanship. The court held in Ohio Northern University v. Charles Construction Services, Inc. that faulty...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Construction One-Minute Read: “OH No!” Buckeye State’s Supreme Court Nixes Insurance for Subcontractors’ Defective Work

In an opinion released on October 9, 2018, the Supreme Court of Ohio held that a general contractor’s commercial general liability insurance did not cover the defective work of either that contractor or its subcontractors....more

K&L Gates LLP

New Jersey Developer Wins on “Occurrence” and “Property Damage”; Appellate Division finds Subcontractors’ Faulty Construction...

K&L Gates LLP on

The Superior Court of New Jersey, Appellate Division, has issued a very important decision for real estate developers and general contractors whose insurance companies have reserved rights or denied coverage for damage caused...more

Carlton Fields

Looking Backward: West Virginia Retroactively Imposes Coverage for Faulty Workmanship

Carlton Fields on

A notorious moving target in the field of coverage litigation is an insurer’s responsibility under a commercial general liability policy for the policyholder’s faulty workmanship. The key question is usually whether the...more

Carlton Fields

Apartment Complexity: Appellate Court Sorts Out Multiple Coverage Claims for Construction of Uninhabitable Residence

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In QBE Ins. Corp. v. Adjo Contracting Corp. (N.Y. App. Div. 2d Dep’t Oct. 29, 2014), an intermediate appellate court in New York confronted cross-appeals involving 15 different insurers embroiled in multiple lawsuits,...more

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