Construction Blog

A recent Missouri Court of Appeals held that commercial general liability insurance does not provide coverage against certain construction-defect claims. In View Home Owners Association v. The Burlington Insurance Company, the court was presented with the question of whether the commercial general liability policy at issue provided coverage for negligent acts allegedly committed during the re-development of a blighted building into condominium units.

While the implied warranty of habitability has been a concern to homebuilders, since it was first recognized by the courts, subcontractors need to be concerned with the effect of the warranty, as well. In a recent case brought by the Sienna Court Condominium Association in Evanston, Illinois, the 1st District Appellate Court addressed the holdings that allow a property owner to bring a claim to correct a latent construction defect directly against one or more subcontractors.