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California Court of Appeal Opens Doors for Construction Defect Claims Outside of the Right to Repair Act
In Morningside Ministries v. Koontz McCombs Construction, Ltd., No. 08:23-00332-cv, 2025 Tex. App. Lexis 3584 (Morningside), the Court of Appeals of Texas (Court of Appeals) considered whether the plaintiff’s construction...more
GRSM’s Construction Group is pleased to publish the latest issue of our Construction Law Update, a quarterly take on trends of interest to design professionals, contractors, and developers throughout the country....more
On Monday, June 9, 2025, the Eighth Circuit Court of Appeals ruled that a Missouri real estate developer could not recover insurance proceeds for lost rental income arising out of a retaining wall failure that caused delays...more
As a father of three children, I have become intimately familiar with this defense to all manner of allegations (which, yes, often involve property damage). When it comes to coverage disputes, you often see insureds making...more
In a decision with significant consequences concerning the amount of time after construction during which design professionals and contractors may be liable for defective services or work, the Massachusetts Supreme Judicial...more
“Ensuing loss” provisions have long been the subject of nuanced arguments in insurance litigation. The provisions, which sometimes afford coverage for a “covered loss” stemming from an expressly excluded peril, serve as...more
A federal court in upstate New York is permitting a subcontractor’s delay claim to proceed notwithstanding a “no damages for delay” provision in the subcontract. The case, The Pike Company, Inc. v. Tri-Krete, Ltd., involves...more
Satterfield & Pontikes Constr., Inc. v. United States Fire Ins. Co., 2018 U.S. App. LEXIS 21488 (5th Cir. Aug. 2, 2018) - This case arises out of an excess insurance provider’s refusal to cover damages incurred by the...more
Team Contrs., L.L.C. v. Waypoint NOLA, L.L.C., No. 16-1131, 2017 U.S. Dist. LEXIS 162172 (E.D. La. Oct. 2, 2017) - Waypoint NOLA (“Waypoint”) was the owner of a hotel construction project in New Orleans (the “Project”). ...more
Boone Coleman Constr., Inc. v. Vill. of Piketon, 2016-Ohio-628, 2016 Ohio LEXIS 441 (Ohio Feb. 24, 2016) - A general contractor entered into a construction contract with a public agency for a road construction project...more
This decision explains the timelines for seeking to vacate an arbitration award. It illustrates that an arbitration proceeding has its own rules that the parties better understand or lose their rights....more