Construction Defect Litigation: Key Insurance Issues

Learn about discovery and coverage issues and cases involving damages to construction projects and the ways to prove who was at fault.

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• Design and Construction Defect Claims: Overview and Defense Strategies
  Discover the basics of a defect claim against a designer or contractor. This practice note discusses project delays due to defects or deficiencies, poor coordination or communication with the owner or other members of the design/construction team, or the discovery of defects during or after the project, as well as claims involving construction accidents or personal injuries that occur within the construction area.

• Insuring Construction Risks through Commercial General Liability Policies
  Scrutinize the risks covered by the commercial general liability (CGL) policy and how to specify in a construction contract the insurance to be obtained so that coverage for construction risks is maximized.

• Builders Risk Insurance and Its Use in Construction Projects
  Analyze some of the unusual characteristics of builders risk insurance and how features of the coverage differentiate it from other commercial policies that can afford some, but not identical, protection to the policyholder.

• Faulty Workmanship as an Occurrence State Law Survey
  Examine laws across the 50 states on the issue of faulty workmanship as an occurrence for purposes of coverage determination under a CGL policy.

• Trigger of Coverage for Construction Defects and Non-latent Injury and Damage Claims State Law Survey
  Review state law in all 50 states and the District of Columbia on trigger of coverage for claims for construction defects; random scenarios in which efforts have been made by policyholders to establish that more than one general liability policy is obligated to provide coverage for ongoing, but unknown, bodily injury or property damage; and bodily injury or property damage taking place at a time that the insurer maintains there was no policy in place.

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  • Construction Dispute Resolution Resource Kit
  • Insurance Claims Resource Kit
  • Insurance Coverage Resource Kit

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