Archives: Defect litigation

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What is Builders’ Risk and Why Do We Need It?

In negotiating construction contracts, the parties may ignore or give little attention to the project’s insurance requirements.  Insurance provisions are oftentimes left untouched on the standard industry forms.  One typically misunderstood type of project insurance is builders’ risk, also sometimes referred to as an “all risk” policy, or BRI.  Builders’ risk insurance is a property … Continue Reading

Arbitrators Have Inherent Authority To Award Punitive Damages

In RV V Lockworks, LLC v. Five Yale & Towne, LLC, 2016 Conn. Super. LEXIS 563 (Conn. Super. Ct. Mar. 16, 2016) an arbitrator awarded punitive damages to the purchaser of a newly-constructed 300-unit apartment complex when it was discovered that the seller had intentionally concealed knowledge of the fact that all 300 balconies attached … Continue Reading

Judges Imposing Personal Liability on Scofflaws

As the recession recedes, courts are busy sifting through the remnants of construction projects that were impacted by the hard times we all faced.  Shady deals and disreputable conduct often come to light in times like this, and can present opportunities for judges to hold bad actors personally accountable for unscrupulous behavior, under the right … Continue Reading

Additional Insureds Beware: A Certificate of Insurance Does Not Guaranty Coverage

This is the first in a 2-part series on the use of certificates of insurance as evidence of liability coverage for contractors on construction projects. The second part of the series will discuss the potential impact of recent Connecticut legislation governing certificates of insurance. It is common practice on construction projects for owners, general contractors … Continue Reading

Connecticut Legislature Introduces Bill that Would Subject the State to a Statute of Limitations in Claims Against Design Professionals

The Connecticut Legislature recently introduced a bill that would subject the State to a ten year statute of repose for claims against design professionals for defective design and/or administration of construction projects. The proposed bill is in response to the Connecticut Supreme Court’s decision in the case of State of Connecticut v. Lombardo Brothers Mason … Continue Reading

Connecticut Supreme Court Determines that Commercial General Liability Insurers Have Right to Obtain Declaratory Ruling as to Responsibility of Other Insurers to Pay Pro Rata Share of Insured’s Defense Costs

Many construction professionals in Connecticut, and in particular those who do business with the State, are well aware of the Connecticut Supreme Court’s decision in State v. Lombardo Bros. Mason Contractors, Inc., 307 Conn. 412, 420-21, 54 A.3d 1005 (2012). The Court in Lombardo Bros. held that statutes precluding a private party from pursing a … Continue Reading
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