Construction Defects Case Law

Notice Clauses in Insurance Policies, the South Carolina Supreme Court’s Neumayer Decision, and Construction Defect Cases
In its Neumayer opinion issued at the end of July, the South Carolina Supreme Court resolved an issue specific to an automobile liability insurance policy but in doing so, alluded to implications for the commercial general liability insurance policies that typically are the applicable insurance coverage in construction defect cases.[1]  The issue in the Neumayer…
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California Court Holds that “Care, Custody or Control” Exclusion in Additional Insured Endorsement Only Bars Coverage for AI Where There Was Exclusive or Complete Control
A general contractor (“GC”) was covered as an additional insured on its roofing subcontractor’s commercial general liability (“CGL”) policy.  In a construction defect action related to roofing, the insurer refused to defend the GC on the basis of language in the additional insured endorsement excluding coverage for damage to “property in the care, custody or…
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The U.S. Supreme Court Further Restricts the Availability of Class Arbitration
In its 2010 decision in Stolt-Nielsen, the United States Supreme Court held that a court may not compel class arbitration when an arbitration agreement is silent on whether class arbitration is permitted.1 The Court reasoned that class arbitration fundamentally alters the nature of arbitration and therefore, is not permitted unless a court can conclude the…
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Tenth Circuit Finds Ambiguous and Interprets in Favor of the Insured “That Particular Part” Language in CGL Policy Exclusions j(5) and j(6)
In MTI, Inc. v. Employers Insurance Co. of Wassau, 913 F.3d 1245 (10th Cir. 2019), the Tenth Circuit addressed the language “that particular part” in exclusion j(5) and j(6) in a CGL policy. An insured contractor was engaged to perform repair work on a cooling tower, specifically work to remove and replace anchor bolts used…
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Fourth Circuit Affirms Summary Judgment for Defendants in Product Defect Case on Failure to Show Defect or Causation
Plaintiffs brought product defect claims against an auto manufacturer alleging that the manufacturer’s vehicles experience unintended acceleration. The district court granted summary judgment for the manufacturer after excluding the opinions of the plaintiffs’ three experts on the basis that their opinions did not meet the Daubert standard for the admission of expert testimony. The district court then…
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Illinois Joins Majority of Courts Holding that CGL Policies Cover Damages from Faulty Workmanship
A condominium association brought a lawsuit against a builder for defective work resulting in water infiltrating through the building envelope. The builder asserted third-party claims against subcontractors, and one of the CGL insurers for a subcontractor refused to defend the subcontractor and filed a declaratory judgment action seeking a declaration that it owed no duty…
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RESULTS

WE HAVE RECOVERED OVER $500 MILLION FOR CLIENTS IN THE LAST 10 YEARS, INCLUDING:
$2,750,000 in a product defect case, scissor lift malfunction.

Talk to a Construction Defect Lawyer in Charleston

For a free review of your case, call us at 843-720-2800

If your home has damage from a construction defect, our Charleston construction defect lawyers are ready to pursue aggressive action against the liable party. Contact the Steinberg Law Firm or call us at 843-720-2800 to talk with a member of our professional legal staff and find out more about what we can do for you.

CONSTRUCTION DEFECT NEWS

Does Homeowner’s Insurance Cover Defective Construction?

For many homeowners experiencing problems from improper construction work, their first thought is to make a claim with their homeowner’s insurance.  Not only will their homeowner’s insurance usually not cover the damage, making a claim…

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Cracks in Concrete or Bricks – Soil Settlement Cracks Versus Shrinkage Cracks

Cracks in concrete or masonry are common signs of damage to a home from soil settlement. However, not all cracks in concrete or masonry are the result of soil settlement. Another common cause of cracks…

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Common Defects in New Homes

Common construction defects in new homes include: Water leaking through windows, walls or roof; Foundation cracks; Cracks in bricks, concrete and drywall; Diagonal cracks above windows and doors, and doors and windows that stick or…

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Six Steps When Considering Contractors and Before Entering Into a Construction Contract

Construction lawyers at our firm get involved once damages start showing up from improper construction. That means we know a lot about why construction goes wrong, and unfortunately, we often see problems that homeowners or…

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Problems With Your New Home? You May Have A Construction Defect Case

If your home was built within the past five to ten years and the home is having problems, you may have construction defect claims against the home or condominium builder. New homes, townhomes and condominiums…

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What is a Weather Barrier or Building Paper?

Most walls built on homes, townhomes or condos today are rainscreen walls. That means they have an exterior surface that prevents most water from coming into the wall system, but they permit some water to…

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What is a Horizontal Property Regime?

Horizontal property is a condominium or any other property where the owners separately own portions of the property and then together own other portions of the property. A horizontal property regime is any property set…

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Black Mold, Health Problems and Damaged Property

A quick internet search will uncover tons of information on the health dangers of black mold.” While mold is definitely a problem and should be addressed quickly and thoroughly by trained professionals, it is important…

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What Is A Rainscreen Wall?

Today two main ways exist for a wall to be built to address rainwater: a barrier wall or a rainscreen wall. Most walls built on homes, townhomes, or condos today are rainscreen walls. A rainscreen…

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Common Construction Defects

Every state and municipality has certain building codes that must be followed when building any type of structure. South Carolina is no exception. Under South Carolina construction laws and codes, every home, building and construction…

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Four Construction Problems Related to Foundations and Soils

Many factors need to be considered when installing a foundation for a building or house. Obviously, the location of the building is very important. But one of the first things to consider is the soil…

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Attorney Elliotte Quinn Joins Dorchester Paws Board of Directors

SUMMERVILLE, S.C. – The Steinberg Law Firm announces the newest addition to their legal team, construction law attorney Elliotte Quinn, joined the board of directors for Dorchester Paws. Already an active member in the community,…

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What To Know About Slab-On-Grade Foundations

A slab-on-grade is a type of shallow foundation in which a concrete slab rests directly on the ground below it. A slab-on-grade foundation usually consists of a thin layer of concrete across the entire area…

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Residential Property Disclosure Requirements

What defects or conditions does the seller of my home have to disclose to me and what is the South Carolina Residential Property Condition Disclosure Act? The South Carolina Residential Property Condition Disclosure Act, the…

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Steinberg Law Firm Now Handles Construction Defect Cases

Steinberg Law Firm announces its expansion into the area of construction law, representing homeowners and property owners’ associations seeking compensation for defective construction. Construction defects are any part of a building that does not meet…

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Steinberg Law Firm Welcomes New Associate Practicing Construction Law

Steinberg Law Firm is pleased to announce the addition of the firm’s newest associate in its Summerville office, Elliotte Quinn, and the expansion of the firm into the area of construction law. Quinn is an…

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