TARGETED TENDERS

Construction defect cases are occurrence based matters which, in South Carolina, are pre-determined to involve the occurrence of property damage each and every year following a construction project. The “continuous trigger” theory puts the onus on a defense attorney to send notice in the form of a “tender letter” to all insurers affording CGL coverage to an insured for the time on risk. Today we … Continue reading TARGETED TENDERS

Mississippi Legislation to Drastically Reduce Liability for Property Owners

The language within the bill would eliminate lawsuits against landowners in situations where injury was caused by a third party, unless claimants can prove:

(a) The conduct of said third party occurred on the property;
(b) The conduct of the person who owns, leases, operates, maintains or manages the property actively and affirmatively, with a degree of conscious decision-making, impelled the conduct of said third party; and (c) The third party’s conduct proximately caused the economic and noneconomic damages suffered by the injured party. Continue reading Mississippi Legislation to Drastically Reduce Liability for Property Owners

OHIO DECISION PARTS WAYS WITH THE NORM AS TO CONSTRUCTION DEFECT COVERAGE FOR GENERAL CONTRACTORS

On October 9, 2018, the Ohio Supreme Court issued an important decision in Ohio N. Univ. v. Charles Constr. Servc., Inc., Slip Opinion 2018-Ohio-4057.  Departing from the national majority view, the Ohio Supreme Court held that a general contractor’s commercial general liability policy does not cover claims for property damage caused by a subcontractor’s faulty work. Specifically, the Court reasoned that faulty work is not accidental … Continue reading OHIO DECISION PARTS WAYS WITH THE NORM AS TO CONSTRUCTION DEFECT COVERAGE FOR GENERAL CONTRACTORS

MISSISSIPPI AND DUTY TO DEFEND

For years I have discussed South Carolina and the unpredictable, evolving, and  sometimes perplexing treatment of insurance coverage as they pertain to construction defect claims.   As our law firm is based in the state of Mississippi, I have invited one of my partners, James Harper, to discuss the nuts and bolts of insurance coverage for construction defects in the Magnolia state.  Today’s article will focus on a … Continue reading MISSISSIPPI AND DUTY TO DEFEND

The Road to Hell is Paved With Good Intentions: Brad Pitt and the Make It Right Foundation

Brad Pitt is in the news once again. This time, however, Pitt is seeing headlines in architectural and building materials journals as a result of litigation which has spawned from his Make it Right Foundation’s efforts in the Ninth Ward post Hurricane Katrina. Make it Right was recently named in class action allegations made by beneficiaries of a sustainable project hyped as a renewal for … Continue reading The Road to Hell is Paved With Good Intentions: Brad Pitt and the Make It Right Foundation

Clinton, Bloomberg, Expedia Announce Solar Projects on St. Thomas, St. John – St. Thomas Source

In his second visit to the territory following the 2017 hurricanes, former President Bill Clinton toured St. Thomas and St. John Friday to announce the Clinton — Read on stthomassource.com/content/2018/08/10/clinton-bloomberg-expedia-announce-solar-projects-on-st-thomas-st-john/amp/ Continue reading Clinton, Bloomberg, Expedia Announce Solar Projects on St. Thomas, St. John – St. Thomas Source

Alabama Amends Home Builders Licensing

Alabama lawmakers have amended provisions of the Home Builders Licensure Board Act (the “HBLB Act”) The legislature amended the definitions to now include the term “Improvements.” An Improvement is defined as “[a]ny site –built addition or enhancement attached to or detached from a residence or structure for use and enjoyment of a homeowner.” This definition is broadly drafted to cover more projects, yet retains the … Continue reading Alabama Amends Home Builders Licensing

Mississippi Supreme Court Rules that Daughter is Not Compelled to Arbitration with her Contracting Parents in Construction Defect Case

The Mississippi Supreme Court ruled that a homeowner’s daughter was not party to, nor an intended beneficiary of a contract with a foundation contractor such that her claims were not subject to arbitration.  The court ruled that she was not compelled to arbitrate and that her claims were ripe for adjudication in Perry County. On June 10, 2013, Phillip Moore contracted with Olshan for repairs … Continue reading Mississippi Supreme Court Rules that Daughter is Not Compelled to Arbitration with her Contracting Parents in Construction Defect Case

Proposed South Carolina Legislation Might Limit Residential Specialty Contractors

The South Carolina legislature is considering legislation that will affect residential builders and specialty contractors. The text with proposed changes below SECTION    2.    Section 40-59-20(7) of the 1976 Code is amended to read: “(7)    ‘Residential specialty contractor’ means an independent contractor who is not a licensed residential builder, who contracts with a licensed residential builder, general contractor, or individual property owner to … Continue reading Proposed South Carolina Legislation Might Limit Residential Specialty Contractors

Duty to Defend Triggered in Florida

Court rules that insurers must treat notice of claim for construction defects as a lawsuit for purposes of duty to defend. A pre suit letter is deemed to be a “suit” or “suit papers” in a policy. The Sapphire Condominium in Fort Lauderdale (Credit: Keller Williams Realty) Florida has issued a controversial and sweeping ruling which will impact insurers in the construction defect arena. “w]here … Continue reading Duty to Defend Triggered in Florida