Category

Construction
At one time or another, most subrogation professionals have struggled to track down an actual or alleged independent contractor involved with some scope of work relating to a loss.  In some cases, we also find that defenses are being raised that someone was an independent contractor versus a direct employee.  Often, we have to rely...
Litigants in New York now face new requirements for the production of liability insurance information at the onset of a civil action. The “Comprehensive Insurance Disclosure Act” (the “Act”) was signed into law by New York Governor Kathy Hochul on December 31, 2021. This legislation alters C.P.L.R. § 3101(f) with new requirements for defendants, third-party...
Picture this scenario: you have a massive water loss at a commercial construction project.  You send your forensic plumbing consultant to the scene.  Your consultant determines that the plumbing subcontractor forgot to apply adhesive to the pipes that served the fire suppression system.  One of the pipes split and flooded the entire complex when the...
In subrogation actions arising from a subcontractor’s negligence, a common defense for a general contractor is to allege that the subcontractor was an “independent contractor.” In other words – “it wasn’t me, it was the other guy, and I’m not responsible for him!” But is that always the end of the story? Courts in New...
The California Court of Appeals, in State Farm General Insurance Company v. Oetiker, Inc., has recently (filed December 18, 2020) provided much-needed guidance on the scope of the Right to Repair Act.  That 2002 Act, codified in Civil Code section 895 et. seq., statutorily permits homeowners to recover for construction defects which have not yet...
Oftentimes, in claims arising out of losses on construction projects, the insurer will need to undertake a detailed analysis as to whether a potentially responsible general contractor or subcontractor can be pursued for its negligent acts or omissions that resulted in the damages.  Contractors repeatedly raise defenses to claims by insurers by relying upon purported...
As winter approaches and snow and ice begin to cover parts of the nation, property owners in the affected areas will begin to rely upon snowmelt systems to keep roofs free of snow and ice. In recent years, to avoid the eyesore of heat cable running along the rooftop, snowmelt systems that can be installed...
The old joke in school used to be, “…the dog ate my homework.” Well, now, as a consequence of manufacturers moving toward more “green” ecologically fashionable products, the wiring in automobiles and common outdoor appliances is becoming feast food for rats, mice and vermin. The intention for utilizing “soy” based wiring coatings was to eliminate...
There are two new sections in the Texas Property Code which will provide protection for developers and their design professionals from actions brought by condominium associations for construction defect or design claims. The impetus for this change grew out of concerns by developers and design professionals that as constituted, the Texas Residential Construction Act (“RCLA”)...
In deciding an issue of first impression, an Illinois appellate court expanded in early May the application of the implied warranty of habitability. “Implied warranty of habitability” is a group of words that fails to roll smoothly off the tongue and that may send some readers running for the hills knowing that the words that...