The following article discusses a resurgent construction industry and the nuances which create more liability for injuries on job sites and defect centered litigation. It seems natural that an increase in construction might lead to an increase in litigation, although this article discusses those not so obvious factors which serve as catalysts for litigation. Building … Continue reading Building On a Rebound | PropertyCasualty360
joint and several treatment is unlikely in most case scenarios due to a party having to be more than 50% of the aggregate fault leading to or causing damages. Specifically, in an action to recover damages resulting from personal injury, wrongful death, or damage to property............. if indivisible damages are determined to be proximately caused by more than one defendant, joint and several liability does not apply to any defendant whose conduct is determined to be less than 50% of the total fault for the indivisible damages as compared with the total of: (i) the fault of all the defendants; and (ii) the fault (comparative negligence), if any, of the plaintiff.
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.
Distressed assets are certainly not uncommon to lending institutions during this turbulent economic climate. Lenders are in a very precarious position when selling “new” homes that have become bank owned assets after the foreclosing bank takes title to new homes built by defaulting contractors. At the South Carolina Construction Defect Blog we are going to … Continue reading Lender Liability for Construction Defects after the Sale of a Bank Owned, Foreclosed Property.