CONSTRUCTION DEFECT AND CONSTRUCTION RELATED COVERAGE LITIGATION

Our attorneys have extensive experience advising insurers on, and litigating, complex construction defect coverage claims in jurisdictions throughout the United States. These claims are typically made under a contractor's commercial general liability policy and commonly involve issues such as whether a construction defect constitutes an “accident” or “occurrence,” whether a construction defect constitutes “property damage.” These matters also give rise to issues under the contractual liability, employee, and business risk exclusions.

We have also advised insurers on claims presented under “rework” policies, coverage problems associated with “additional insureds,” and issues of trigger and allocation with respect to coverage for construction claims. In addition, we litigate construction surety bond disputes, including performance bond disputes, payment bond disputes, and Miller Act claims.

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