Category Archives: Construction Claims

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Foundation Problems – Blame Global Warming or Your Contractor?

Posted in Construction Claims, Construction Defects & Defective Construction

“You love your home and then it turns on you,” The New York Times reports one homeowner said when he discovered the foundation of his home was cracking, crumbling and moving. Repairing unstable foundations costs homeowners around $4 billion a year and that cost often is not covered by insurance. Frequently, the shifting is the… Continue Reading

How Some Homebuilders and Developers Comitted Mortgage Fraud Schemes

Posted in Construction Claims, Construction Industry News, Public Policy

Some homebuilders and developers regrettably were involved in the massive mortgage fraud that helped trigger the present recession. A  Federal Financial Institutions Examination Council (FFIEC) White Paper (PDF) labels one common scheme the “Builder Bailout.” and describes it as follows: A builder bailout occurs when a builder, who has unsold units in a tract, subdivision, or… Continue Reading

Mississippi High Court gets it right (again) in Insurance Coverage Dispute

Posted in Construction Claims

In a long awaited decision, the Mississippi Supreme Court ruled last week in Architex Association, Inc. v. Scottsdale Insurance Company (PDF) that construction defects caused by subcontractor negligence are occurrences(accidents) triggering coverage under the terms of a general contractors’s commercial general liability policy. The Court’s decision is a huge victory for all the major players… Continue Reading

The Supreme Court decides to revisit the issue of constitutional limits on punitive damages (UPDATED)

Posted in Construction Claims, Construction Law

The Court will decide whether its earlier decision in State Farm v Campbell (i) mandates a reasonable ratio between compensatory and punitive damages when the defendants conduct was outrageous and (ii) prohibits the jury from considering the harm done to persons other than the plaintiff in making its award.