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Robert A. Gallagher, a partner in Pepper Hamilton's Construction Practice Group, is the editor. Additional contributors are listed on the Contributors page. For more information about Pepper's Construction Practice Group, click here.
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Tag Archives: property damage
California Supreme Court Clarifies That “Right to Repair Act” is Exclusive Remedy for Both Economic Loss and Property Damage Arising From Construction Defects
McMillin Albany LLC v. Superior Court, No. S229762, 2018 Cal. LEXIS 211 (Jan. 18, 2018) Several homeowners (“Plaintiffs”) brought suit against developer/general contractor McMillin Albany LLC (“McMillin”) for alleged defective construction of new homes. Plaintiffs alleged the defects caused property … Continue reading
Supreme Court of Wisconsin Holds That Private Subcontractor Is Immune to Property Damage Claims by Adjoining Landowners Because it Followed Specifications Provided by the Wisconsin Department of Transportation
Melchert v. Pro Elec. Contrs., 2017 Wis. Lexis 169 (April 7, 2017) The Wisconsin Department of Transportation (“DOT”) contracted with Payne & Dolan (“P&D”) as General Contractor on a road improvement project. P&D in turn contracted with Pro Electric Contractors … Continue reading
New York Court of Appeals Holds That Tower Crane Damaged By Superstorm Sandy Is Not Covered by Project’s Builder’s Risk Insurance Program
Lend Lease (US) Constr. LMB Inc. v. Zurich Am. Ins. Co., No. 11, 2017 N.Y. LEXIS 112 (N.Y. Feb. 14, 2017) Early, in its opinion, the New York Court of Appeals noted that “[o]ne of the most dramatic images of … Continue reading
Florida Supreme Court Considers CGL Policy Coverage of Damage Resulting from Defective Work by Subcontractors
United States Fire Insurance Co. v. J.S.U.B., Inc. and Auto-Owners Insurance Co. v. Pozzi Window Co. 2007 Fla. LEXIS 2394 and 2007 Fla. LEXIS 2391 (Dec. 20, 2007) On December 20, 2007, the Florida Supreme Court decided United States Fire … Continue reading