To maximize our client’s technology choices, JDi Data continues to deliver value with our premier comprehensive and innovative cost administrative service Vendor Cost Control to facilitate immediate solutions with real time reporting and time saving techniques that lower business costs and provide reconciliation during complex construction defect litigation. We pride ourselves on staying up to date with the latest news in the construction defect industry. Check out a few construction defect related headlines that caught our attention:
Georgia Supreme Court rules on insurance coverage for construction defects
On July 18, 2013, in Taylor Morrison Services, Inc. v. HDI-Gerling Ins. Co., the Supreme Court of Georgia decided two important certified questions from the United States Court of Appeals for the Eleventh Circuit that affirm and expand the rights of property owners and policyholders seeking insurance coverage for construction defects under standard commercial general liability (CGL) insurance policies. Specifically, the Court held:
- To constitute an “occurrence” under a CGL policy, it is not necessary that there be damage to property other than the insured’s work itself.
- Claims for breach of warranty, but typically not for fraud, may constitute an occurrence and may be covered.
Construction Defect Center Urges Homeowners With Leaks And A Gerard Roofing Technologies Granite Ridge Roofing System To Call Them As Soon As Possible
The Construction Defect Center is now urging homeowners who have the Gerard Roofing Technologies Granite Ridge Roofing System, and have issues such as possible leaks to contact them immediately. In a Texas court filing it is alleged the Granite Ridge Roofing System leaked, and litigation has commenced over this issue.
California Decision Approves Shortening Statutes Of Limitation And Eliminating The Discovery Rule Via Contract
In Brisbane Lodging, LP v. Webcor Builders, Inc., No. A132555 BL 146042 (June 3, 2013), the California Court of Appeal (First District, Division Four) recently confirmed that parties can contractually agree to limit not only statutes of limitation, but can also agree to the date from which the statute of limitation will commence. This represents an important clarification to any party entering into a construction agreement where the statute of limitation is generally tolled for unknown (latent) defects until such time as the defects are discovered or should have been discovered through reasonable diligence (the “discovery rule”).
Wilson Elser Adds Construction-IP Pro To Miami, SF Offices
Wilson Elser recently snagged a former Watt, Tieder, Hoffar & Fitzgerald partner and national authority on construction-related intellectual property rights for its Miami and San Francisco offices, the firm announced Wednesday.