Category Archives: Defective Construction
How Does “Common Law Indemnification” Work in Construction Lawsuits?
Many construction contracts contain indemnification clauses. Such clauses can shift the legal responsibility for any damage arising from defective construction from one party to another, such as from a general contractor to a subcontractor. But even in the absence of such agreements, there are situations where Florida common law may provide for indemnification of… Read More »
Louisiana Court Continues to Resolve Claims from Defective Chinese Drywall Litigation
Florida residents are no strangers to major hurricane activity. Unfortunately, the destruction of a major storm often requires the rebuilding of thousands of homes. While this short-term housing boom is great for contractors, it can also place enormous strain on the supply chain. Between 2004 and 2006, the devastation of Hurricane Rita and Hurricane… Read More »
How Abandoning a Construction Project Can Affect Your Coverage Under a CGL Policy
Defective construction claims can prove costly for a Florida contractor. To help guard against such claims, contractors take out commercial general liability (CGL) insurance policies. But having a policy is no guarantee that the insurer will defend against a defective construction claim. Consider a federal appeals court decision from earlier this year, Southern-Owners Insurance… Read More »
How Florida’s New “Right of Contribution” Will Affect Defective Construction Lawsuits
Defective construction lawsuits often lead to a mad scramble among the insurance companies covering the underlying project. It is often the case that two or more insurers have a legal duty to defend against the same lawsuit. But these duties typically exist independently of one another. In other words, say a given construction project… Read More »
Issues Prevalent in Prefabricated Houses
Many homeowners, including regular readers of this blog, know that newly constructed houses can nevertheless contain defects. However, even a new trend of homebuilding – prefabricated houses – which claims to be a more efficient means to construct a house, can still contain defects. When construction defects are detected, retaining the services of an… Read More »
Even a Prior Settlement May Not Prevent a Construction Defect Lawsuit
Nobody starts a major construction project assuming there will be defects in the work. And even when a defective construction claim arises, it is often in the best interests of all parties to settle the matter outside of court. But what happens when a settlement is later challenged by a party who alleges there… Read More »
How Long Can You Wait Before Suing a Contractor Over a Leaky Roof in Florida?
One of the most common construction defects is a leaky roof. In severe cases, a leak might be an indication the entire roof has failed and needs to be replaced. When this happens, the property owner may seek to hold the original roofing contractor or sub-contractor liable for damages. Four-Year Clock Starts to Run… Read More »
Construction Defect Claims for Mold Issues
Moving into a new house carries with it high expectations and excitement. However, some new home owners must deal with the unfortunate issue of construction defects, which temper these expectations and excitement. Instead of euphoria, the presence of a construction defect will bring up images of anger and frustration. Initially, anger is against the… Read More »
Who Is Responsible for Defective Materials?
Hiring a contractor can be nerve-wracking. Much like going to an auto mechanic, physician, or another individual having expertise in an area about which many people know very little, dealing with a contractor can cause the same type of anxiety. Most individuals are not familiar with how construction is supposed to progress or what… Read More »
