Managing the risks of building our world.
Our creative, detail-oriented approach to these claims enables us to analyze and resolve construction matters including:
- Additional insured obligations
- Wrap policies
- EFIS, mold and other exclusions which limit coverage
- Trigger
- Stacking of limits
Due to our thorough knowledge of emerging statutory and common law issues, our appellate attorneys regularly handle construction defect appeals and amicus curiae filings.
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Grande North Window ReplacementsIn 2021, a window supplier sued for coverage under an OCIP policy to recover the $2.5 million it paid to replace more than 2,000 windows at a condo tower in San Diego, California. The underlying window claims concerned dripping sealant, which created visual obstructions. It was undisputed that the sealant only damaged the windows and that faulty installation did not cause the sealant to drip. The court granted summary judgment in favor of the insurer, finding no coverage under the OCIP policy.
Case Study
Representative Construction Defect matters include:
- Obtained partial summary judgment and then favorable settlement relating to multiple defects at multi-phase single-family home development in Colorado.
- Represented client in negotiating settlement of claim relating to multiple defects at affordable housing complex in Colorado paid only by other insurers.
- Negotiated favorable settlement relating to building envelope defects at condominium development in Florida.