CONSTRUCTION DEFECT REFERENCE MATERIALS

A good primer on the evolution of construction defect claims and litigation is the American Re-Insurance Company publication, "Construction Defect Claims and Litigation Guide". This document includes information on construction defect risks and exposures, defense mechanisms, contractual indemnification provisions, as well as insurance coverage issues.

In order to assist you in your research on construction defect issues, we have included the full case law citations that are referenced in the American Re publication, Construction Defect Claims and Litigation Guide - End Notes, for clarification. This case law establishes the foundation on which the construction defect litigation dynamic in the State of California has evolved.

Additional information on construction defects, and an informative resource for reviewing current case law on CD claims and litigation throughout the U.S. and abroad is Mealey's Litigation Report on Construction Defects. A Preview Issue of Mealey's Litigation Report on Construction Defects provides a representative sampling of the indept editorial and analysis of a variety of construction defect claim issues.

A very informative paper, which was originally published in Emerging Insurance Disputes, is entitled, "The Construction Defect Coverage Claim Under A CGL Policy: Back to Basics", by Alan C. Eagle, Esq. and James V. Aiosa, Esq. This paper provides a comprehensive review of the impact that construction defects have on coverage provided under a commercial general liability insurance policy.

The information provided by C-Risk on construction defects is intended for general information purposes only and does not constitute, nor is it intended to constitute, legal advice. You should always consult with legal counsel to determine how the laws or legislative decisions on construction defect liability apply in your specific State and/or circumstances.

For additional information about C-Risk Construction Defect Mitigation services or how we can assist you with your risk management program, please contact us at 503-228-0884 or email consulting@c-risk.com.