Construction Defect & Construction Related Coverage Litigation

Our attorneys have extensive experience advising insurers and litigating complex construction defect coverage claims in jurisdictions throughout the United States. These claims are typically made under a contractor's commercial general liability policy and commonly involve issues such as if and when "property damage" took place and how the "property damage" is allocated among successive and/or concurrent policies. Depending upon the jurisdiction, it may also be necessary to determine whether a construction defect constitutes an "accident" or "occurrence," that results in "property damage." These matters also give rise to issues involving the application of various policy exclusions, including professional liability, contractual liability, and business risk exclusions.

We have also advised insurers on claims involving "bodily injury" in connection with construction projects. These claims typically involve a fixed date of loss as opposed to multiple policies being triggered over time. Depending upon the project, there may be multiple parties and insurers involved, each of which is attempting to transfer risk to the greatest extent possible.

KCESD has successfully litigated a wide range of issues associated with coverage for construction-related claims, including additional insureds, priority of coverage, umbrella and excess policies, and trigger and allocation.

We have also advised insurers on claims presented under Owner Controlled Insurance Policies (OCIPs), Wrap-up policies and "rework" policies. Additionally, we litigate construction surety bond disputes, including performance bond disputes, payment bond disputes, and Miller Act claims.