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Category Archives: Construction Defect Subrogation

Introduction to the Act of God Defense

Perhaps no legal cause of action is more frequently applied or universal than one sounding in negligence. We bring it when another driver damages our vehicles, when our buildings are damaged from faulty construction, and when a medical procedure leaves a patient worse off than before. While some negligence actions may be held to a… Read More »

Construction Instruction: A Look at the Building Industry

Growth in nonresidential construction is projected at more than 7.4% in 2016, according to the industry trade group Associated Builders and Contractors of America. Four key areas of growth stand out: large commercial residential buildings, infrastructure projects, renewable energy, and transformation of manufacturing or other commercial facilities into new uses. Building industry has construction defect… Read More »

Waiver of Subrogation Clause a Harsh Cliché

You just got a large claim into the Subrogation Department and you are tasked with determining whether or not a subrogation claim exists. It is a large loss. This is good. You’re doing the happy dance into investigation. After your investigation, liability is clear and it points to the General Contractor messing  up. There is… Read More »

Design Engineering Failure

An insured had a grain system installed at their ranch. A company that supposedly had considerable experience in constructing such systems developed this grain storage and elevator system for the insured. Design engineering, construction, and installation of this new system was supposed to include the professional services and quality guarantee one would expect from an… Read More »