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Category Archives: Construction Defect

Sub-contractor Liability

From a negligence perspective, Illinois common law maintains a separation of liability between independent and general contractors. Given the absence of a contract, or other factors discussed later, one who hires an independent or sub-contractor is not responsible for the negligence of that person or company. In terms of subrogation this can be quite frustrating.

Using Circumstantial Evidence to Prove a Product Defect

Ohio Revised Code 2307.73(B) provides that a claimant may present circumstantial evidence to establish that a manufacturer’s product was defective if the product was destroyed. When it comes to product liability claims against a manufacturer, one thing that can be detrimental to a claim is when the product is so badly damaged after a fire… 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 »

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

So what is the lesson? Do work up front by reviewing the contract to determine if a waiver of subrogation clause is contained in the contract. If it is, closure of the claim is the next step and you are not wasting your valuable time and getting your hopes up on a large subrogation claim.