SDV Insights

Construction Insights

New York Considering Legislation That Would Create Statute of Repose For Construction

Under current New York law, contractors and design professionals have exposure to bodily injury and property damage claims resulting from construction defects for a potentially unlimited number of years after completion of a project. New York is considering legislation, which, if enacted, would create a statute of repose limiting the number of years after completion of construction that legal action may be asserted against a contractor.

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New York Labor Laws and Action Over Exclusions

Subcontractors sign contracts every day which require them to provide insurance for liabilities arising out of the performance of their work, but in New York in particular there is often a failure of risk transfer due to labor law or "Action Over" exclusions.

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Top 10 Insurance Cases of 2020

COVID-19 business interruption coverage litigation may have stolen the show in 2020, but those cases should not eclipse other important insurance coverage cases decided throughout this past year.

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"Protecting Yourself from Downstream Risks," featured in FMJ Magazine

Jeremiah Welch and Cheryl Kozdrey's recent article, "Protecting Yourself from Downstream Risks," was recently featured in the May/June 2020 edition of FMJ Magazine, the official magazine for International Facility Management Association (IFMA). This article explores effective risk management processes, including contractual risk transfer and insurance protections from downstream parties, and simple tools Facilities Managers can utilize to mitigate risk.

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Massachusetts Clarifies When the Statute of Repose is Triggered For a Multi-Phase or Multi-Building Project

Lennar Hingham Holdings, LLC ("Lennar") built a twenty-eight-building, 150-unit condominium project containing twenty-four discrete phases over a seven-year span. The condominium association subsequently brought an action against Lennar and others alleging design and construction defects to four main components of the common elements: "decks and columns," roofing/flashing," "exterior walls/flashing/building envelope," and "irrigation system."

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Hurricane Season Policyholder's Handbook

Saxe Doernberger & Vita's ("SDV") Natural Disaster Recovery Group presents the Hurricane Season Policyholder's Handbook.

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Ten Clauses You Need in Your Insurance Exhibit

Although the Construction SuperConference has been canceled this year, Michael V. Pepe was recently featured in their construction monthly reader. Check out "Ten Clauses You Need in Your Insurance Exhibit," as he addresses insurance terms that are vital to construction contracts and subcontracts.

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Construction Calamity: Risk Transfer Tips for Contractors After a Catastrophic Loss

From structural collapses to fires, the construction industry has experienced a number of high-profile catastrophes over the past decade. These disasters test the mettle of even the most experienced risk professionals and the strongest insurance programs. Issues can arise in all facets of the company's contracts and insurance policies, and dealing with the aftermath is an extensive and demanding process that can involve many players.

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8th Circuit Finds Construction Defect Not an Occurrence on CGL Policy

Contradicting the Missouri Supreme Court and the majority of courts nationally, the 8th Circuit, applying Missouri law, recently ruled, in American Family Mutual Ins. Co. v. Mid-American Grain Distributors LLC, that defective or faulty workmanship is not an "occurrence" within the meaning of a Commercial General Liability ("CGL") policy.

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Your CGL Policy May Cover More Than You Think - Damages "because of' Property Damage or Bodily Injury for Construction Projects

Construction projects are susceptible to injuries and property damage - which is why the stakeholders involved rely heavily on commercial general liability ("CGL") insurance policies when such losses occur.

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