A Florida court has determined that a project owner's (Cypress) general partner was not an additional insured under an insurance policy issued to the Genral Contractor (WPC) who constructed the project. The ruling was made in conjunction with a lawsuit brought by a homeowners association for construction defects, maintenance issues and failure to disclose material … Continue reading Florida Rules Developer Not Entitled to Additional Insured Coverage for Negligent Misrepresentation
A Charleston County jury awarded condominium owners a $7.7 million dollar verdict this month which many believe to be the largest construction defect verdict in state history. The verdict was rendered against a subcontractor that was not able to settle its portion of the suit prior to trial through alternative dispute resolution. Amazingly, the jury … Continue reading South Carolina Jury Awards Monster Construction Defect Verdict
insurer was not obligated to pay for water damages to a condominium building because the insurance policy specifically excluded coverage for damages caused or resulting from building construction and design defects.
Over the past ten years, my construction defect practice has led me to believe that most lawsuits arise over some sort of condition which is perpetuated by public sentiment. EIFS and Mold cases served to create an entire niche of experts, or professional witnesses equipped with equipment of all kinds, some being more sophisticated than … Continue reading May a homeowner recover for “stigma damage”? The wrecked car syndrome applied to South Carolina Construction Law