Construction Defect

  • ADDITIONAL INSURED OBLIGATIONS AND THE UNDERLYING LAWSUIT

    … As a general contractor, you understand the importance of being named an additional insured under your subcontractors’ commercial general liability (CGL) policies. Not only do you want your subcontract to express that a subcontractor’s CGL policy is primary and noncontributory to your policy, but you want it to express that the subcontractor…

    Florida Construction Legal Updates- 9 readers -
  • FLOWING DOWN LIABILITY IN CONSTRUCTION DEFECT LAWSUITS

    … the contractor for a violation of building code (and corresponding defects and damage) and the contractor, in turn, sued subcontractors for indemnification and contribution. The contractor was seeking indemnity for the statutory building code violations as well as contractual breaches that caused the construction defects and damage. On appeal, the Fourth…

    Florida Construction Legal Updates- 10 readers -
  • CONSTRUCTION DEFECT INDEMNITY OBLIGATIONS – COVERED VS. NON-COVERED CGL CLAIMS

    … (PDF, 195KB) Please contact David Adelstein at dma@kirwinnorris.com or (954) 759-0026 or (407) 740-6600 if you have questions or would like more information regarding CGL insurance. You can follow David Adelstein on Twitter @DavidAdelstein1 and Facebook at Florida Construction Legal Updates. This entry was posted in Insurance and tagged CGL, commercial general liability, construction defect by David Adelstein. Bookmark the permalink.…

    Florida Construction Legal Updates- 11 readers -
  • CGL INSURER LIABLE FOR ATTORNEY’S FEES JUDGMENT AGAINST INSURED

    … Commercial general liability (CGL) policies contain a section called “Supplementary Payments – Coverages A and B.” This section states in relevant part: 1. We [insurer] will pay, with respect to any claim we investigate or settle, or any “suit” against an insured we defend: e. All costs taxed against the insured in the “suit.” In the recent…

    Florida Construction Legal Updates- 9 readers -
  • COBLENTZ AGREEMENT AND ALLOCATION OF DAMAGES IN CONSENT JUDGMENT

    … under a Coblentz agreement, [t]he claimant must assume the burden of initially going forward with the production of evidence sufficient to make a prima facie showing of reasonableness and lack of bad faith, even though the ultimate burden of proof will rest with the carrier. The courts impose good faith and reasonableness requirements in these cases…

    Florida Construction Legal Updates- 12 readers -
  • THE DEFENSE OF BETTERMENT IN CONSTRUCTION DEFECT DISPUTES

    …) (“It is significant on this point that neither the architectural specifications nor the structural design was deficient for the original intended purpose. The proper measure of damages, therefore, should have been the amount necessary to restore the deck to its original condition….”). Say the contract documents called for cpvc water piping and as a result…

    Florida Construction Legal Updates- 63 readers -
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