News & Analysis as of

Real Estate Development Insurance Industry

Schwabe, Williamson & Wyatt PC

OP-ED: How to Repair Landslides‎—One Insurance Policy at a Time

If a landowner receives a government order to clean up a landslide on their property, who should pay for it — the property owner or their liability insurer? About 20 times per year, the city of Portland issues an order to...more

Nelson Mullins Riley & Scarborough LLP

Avoiding Contract Conflicts: 5 Key AIA Provisions to Align with Loan Documents

When negotiating construction contracts, attorneys often focus on the American Institute of Architects (AIA) A201-2017 General Conditions, a widely used standard in the industry. However, construction loan agreements, drafted...more

Goodwin

The Climate Premium: How Environmental Risks Are Reshaping CRE Economics

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Columbia’s Pari Sastry shows how the growing disconnect between climate risk and available insurance is transforming commercial real estate....more

Cranfill Sumner LLP

Understanding North Carolina Senate Bill 166: What Insurance Professionals Specializing in Construction and Related Claims Need to...

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North Carolina Senate Bill 166 (Session Law 2024-49), the majority of which became effective on September 11, 2024, amended various N.C. state building codes, regulations for contractors and design professionals, and...more

J.S. Held

Builder’s Risk: Complexities in Insuring Existing Structures

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Property insurance for projects under construction can be significantly complex. Insuring renovation projects under a builder’s risk policy will often require more care in crafting a policy that provides adequate protection....more

McGuireWoods LLP

Texas’ Adoption of ALTA Endorsements Gives Energy Projects Greater Title Coverage

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When it comes to title insurance, Texas is an anomalous state. Most states are “ALTA states” and use title insurance forms that the American Land Title Association — a trade association representing the title insurance...more

Cozen O'Connor

Court Denies Developer Insurance Coverage to Repair Defective Construction

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In Curtis Park Group, LLC v. Allied World Specialty Insurance Company (2024 WL 5194886 (10th Cir. 2024)), the U.S. Court of Appeals for the Tenth Circuit determined that an insured real estate developer could not recover the...more

Baker Donelson

ALTA Considers New Energy Project Endorsement

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The American Land Title Association (ALTA) is considering approval of a new Energy Project Endorsement for owner's and loan policies at its spring session. The endorsement (proposed as the ALTA 36.9) Energy Project – Minerals...more

Gould + Ratner LLP

Climate Change and Construction: Top Five Considerations for Owners Before Building

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As the start of 2025 has already shown with the destructive Los Angeles wildfires, the impact of climate change on businesses and homes can be devastating. Many owners and construction contractors were already grappling with...more

Pillsbury Winthrop Shaw Pittman LLP

From Anatomy to Action: Navigating Data Center Contracts

Businesses should carefully consider technical, operational and financial details when executing data center contracts. Appropriately addressing these considerations in data center contracts will help protect each party’s...more

Greenberg Glusker LLP

Stronger Building Standards and Impacts on Property Insurance, Development Financing, and Affordability:

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As climate change continues to shape the real estate landscape, developers and insurers alike are feeling the impact. Stronger building standards, aimed at mitigating risks from wildfires, floods, and sea level rise, may...more

Bilzin Sumberg

Will Construction Insurance Costs Kill Florida’s Real Estate Boom?

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The cost of construction insurance in Florida is having developers second-guess their willingness to invest in the Sunshine State, while business leaders are growing concerned that higher insurance costs may slow Florida’s...more

Stoel Rives -  Ahead of Schedule

Lesser-Known Insurance Policies for Addressing Project Risks

Construction projects involve significant risks to project owners, designers, and contractors. Many such risks are allocated in the parties’ contracts, which in turn require those parties to obtain insurance—further...more

Sheppard Mullin Richter & Hampton LLP

A Potential Big Win for Real Estate Developers in Illinois: CGL Coverage for Property Damage from Defective Work

Illinois may have just opened a new door for developers and owners for insurance coverage when it comes to defective construction work and commercial general liability (“CGL”) coverage. Based on the recent Illinois Supreme...more

Levenfeld Pearlstein, LLC

Major Ruling: Illinois Supreme Court Provides Clarity and Changes Precedent on CGL Coverage for Defective Work (Positively...

The Illinois Supreme Court recently upended decades of Illinois caselaw regarding coverage under commercial general liability (CGL) policies, aligning Illinois with most states on the issue. On November 30, 2023, the Illinois...more

Perkins Coie

Illinois Supreme Court Issues Landmark Construction Insurance Coverage Ruling

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In Acuity v. M/I Homes of Chicago, the Illinois Supreme Court overturned years of lower court precedent and established that “property damage” in the context of construction defect or faulty workmanship claims exists...more

Pillsbury - Gravel2Gavel Construction & Real...

Real Estate & Construction News Roundup (05/23/23) – Distressed Prices, Carbon Removal and Climate Change

In this week’s roundup, we consider distressed property bonds and loans, cities that are sinking under their own skyscrapers, efforts to lower carbon emissions, the unexpected potential of dirty diapers as a building...more

Pillsbury - Policyholder Pulse blog

The Higher the Value, the Greater the Loss: The Importance of Updating Building Values in Inflationary Times

Earlier in 2022, CBRE forecasted a 14.1% year-over-year increase in construction costs by year-end 2022, as labor and material costs continue to rise, despite the expectation that overall cost inflation for materials would...more

Kohrman Jackson & Krantz LLP

Insurance Limits, Inflation, and Skyrocketing Replacement Costs

Unexpected inflation and increasing replacement costs could combine to present an unpleasant surprise to your expectations for property insurance coverage in a time of need. Many tend to think of real estate properties as...more

Pillsbury - Policyholder Pulse blog

The Developer’s Toolbox to Manage Risk of Future Condominium Conversion

Developers need to keep an open mind to protect themselves against construction defect claims. Insurance is a vital tool, but it should not be the only one in a developer’s risk management toolbox. Another useful tool—the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Preserving Texas History and the New Texas Premium Tax Credit

Texas insurers may now be able to buy premium tax credits at a discount. In 2013, the 83rd Legislature established the Texas Historic Preservation Tax Credit Program, which allowed for companies engaged in restoration of...more

Carlton Fields

Look Beneath The Surface: No Coverage For DC Row House Collapse Under Builder’s Risk Policy

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The interpretation of a property insurance policy may seem like a dull endeavor, but courts sometimes face fundamental questions about what words mean, or how we conceptualize cause and effect. In Taja Investments LLC v....more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending November 3 & 10, 2017

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REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE TITLE INSURANCE UPDATE - Misrepresentation: developer entitled to directed verdict on claims of fraudulent and negligent misrepresentation asserted by condominium association...more

Gray Reed

Washed Away: What Rights Do You Have When Your Home is Flooded?

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Bill Deron bought a 100-acre tract next to a creek outside the City of Houston. Deron planned to build a subdivision where some of the homes abut a creek. The other homes would sit about 15 feet higher than the creekside...more

Hogan Lovells

UK: AIG Europe Limited v Woodman and others

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Earlier this week, the Supreme Court overturned the Court of Appeal’s judgment in AIG Europe Limited v Woodman and others UKSC 2016/0100, ruling on how claims arising from similar acts or omissions in a series of related...more

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