Blog: Construction

PUBLISHED IN THE BRIEF, VOLUME 55, NUMBER 1, FALL 2025. © 2025 BY THE AMERICAN BAR ASSOCIATION. REPRODUCED WITH PERMISSION. ALL RIGHTS RESERVED. THIS INFORMATION OR ANY PORTION THEREOF MAY NOT BE COPIED OR DISSEMINATED IN ANY FORM OR BY ANY MEANS OR STORED IN AN ELECTRONIC DATABASE OR RETRIEVAL SYSTEM WITHOUT THE EXPRESS WRITTEN […]

The Supreme Court of Oregon recently ruled that a general contractor’s tort liability for its defective work may constitute a covered “occurrence” within the meaning of the ISO commercial general liability (“CGL”) policy, providing much needed clarity on the issue under Oregon law. However, property damage arising solely from a contractor’s contractual obligations does not constitute an accident, and thus, is not an “occurrence.”

The Supreme Judicial Court of Massachusetts recently expanded plaintiffs’ rights to bring construction defects suits in the state.  The ruling allows plaintiffs in Massachusetts to now bring suit even after the statute of repose for construction defect claims has passed if the cause of action is based on a contractual dispute rather than tort liability.

PUBLISHED IN THE BRIEF, VOLUME 54, NUMBER 2, WINTER 2025. © 2025 BY THE AMERICAN BAR ASSOCIATION. REPRODUCED WITH PERMISSION. ALL RIGHTS RESERVED. THIS INFORMATION OR ANY PORTION THEREOF MAY NOT BE COPIED OR DISSEMINATED IN ANY FORM OR BY ANY MEANS OR STORED IN AN ELECTRONIC DATABASE OR RETRIEVAL SYSTEM WITHOUT THE EXPRESS WRITTEN […]

The risks and losses associated with construction operations and property development push many insurance concepts to their limits. As a result, the construction industry has long been at the forefront of many complex insurance coverage issues and both drives but also depends on market standards to assess and adequately address risks.

Commercial general liability (“CGL”) policies providing limits on a “per-project” basis have become standard in the construction industry. General contractors and other upstream parties on large construction projects, as a rule, require downstream subcontractors to maintain CGL coverage with limits provided on a “per project” basis.

The Florida Legislature recently passed House Bill 1021 which amended Florida Statute § 718.124. The July 1, 2024 amendment changes Florida’s statute of repose (“SOR”) trigger date for condominium projects. Now, the SOR trigger for existing condominium projects will be governed by Florida Statute §718.124, not Florida Statute § 95.11. Most critically, Florida Statute § […]

Across the country, there is a split in authority as to whether an insurance company should be allowed to recoup defense costs where it is ultimately determined that the carrier has no duty to defend under the policy and the policy is silent as to such reimbursement. The Hawaii Supreme Court is the latest to […]

Nearly half of America’s construction projects are now design-build in a continuing shift. As a result, contractors are taking on more professional liability (“PL”) risk than ever before, and the risk management landscape is changing. There are unique challenges to managing PL risks and claims. Specifically, PL coverage requires proactive claim management and project coordination. […]