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Category: Construction Law

A recent opinion out of the Texas Supreme Court has recently been the subject of a lot of commentary around the insurance coverage and construction world. The case is Ewing Construction Co. v. Amerisure Insurance Co., and it came before the Texas Supreme Court on certification of questions from the Fifth Circuit (Ewing Constr. Co....

In cases involving construction defect claims (and potentially other types of claims), the insurance policy that is implicated is a very important issue.  The issue of whose policy and/or which policy is “on the risk” for a particular claim is most often referred to as “trigger of coverage”.  Some states’ laws allow all policies in...

Attorney Deb Bowers speaks on construction defect claim coverage; writes on underinsured motorist insurance and liability insurance Deb Bowers recently spoke at the NC/SC Joint Construction Law section meeting of the NC Bar Association in Asheville held September 27th and 28th.  She co-presented with a South Carolina attorney on the topic of Coverage Issues under...

ExperienceOne, LLC and LADOS, LLC v. Town of Morrisville In this case, PCKB attorneys, Rick Pinto and Deb Bowers, successfully defended the Town of Morrisville against claims for millions of dollars in damages, injunctive relief and declaratory judgment by a developer/builder, ExperienceOne,LLC, and owner of property, LADOS, LLC.  The case involved both federal and state...

An individual principal of a construction company can be held personally liable for faulty construction if he or she personally participated in or supervised the project even when the contracting party was a corporate entity. image

White v. Collins Building, Inc., 704 S.E.2d 307 (N.C. App. 2011) The case of White v. Collins Building, Inc., 704 S.E.2d 307 (N.C. App. 2011) may have the most practical impact on a broad range of participants in litigation over faulty construction.  In this opinion, the Court articulated for the first time that individual tort...


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