Section Newsletters

Articles From Clifford J. Shapiro

Inadvertent Construction Defects Are an ‘Occurrence’ Under the CGL Insurance Policy! Will Illinois Ever Clean up Its Mess? By Clifford J. Shapiro Construction Law, January 2020 A look at Illinois' outdated analysis to determine whether construction defects constitute an “occurrence” under the commercial general liability insurance policy.
Despite modern trend Ohio Supreme Court does not reconsider prior precedent, finds inadvertent defective work by subcontractor can never be a fortuitous “occurrence” By Clifford J. Shapiro Construction Law, December 2018 The Ohio Supreme Court ruled in Ohio Northern University v. Charles Construction Services Inc. that property damage caused by a subcontractor’s faulty workmanship can never be an accidental “occurrence” within the meaning of the commercial general liability insurance policy, and is therefore not covered.
Seventh Circuit finds duty to defend is triggered under Illinois law where subcontractor’s defective work causes damage to other parts of project By Clifford J. Shapiro Construction Law, December 2017 It remains to be seen whether or to what extent the courts in Illinois will follow the Westfield Insurance Company v. National Decorating Service, Inc. decision with respect to coverage under subcontractor policies in similar circumstances.
Illinois federal court decision holds that alleged property damage outside of subcontractor’s scope of work triggers the duty to defend By Clifford J. Shapiro Construction Law, June 2016 Westfield Insurance Company v. National Decorating Service, Inc. specifically rejects the argument that property damage to any part of a building or structure allegedly caused by a subcontractor’s defective work cannot be covered accidental “occurrence” under the CGL policy.
The 10-year statute of limitations for breach of contract claims applies to express indemnity claims even if the express indemnity claim alleges construction defects and is based on a construction contract; Cause of action accrual provisions are enforceab By Clifford J. Shapiro Construction Law, April 2015 The recent case of 15th Place Condominium Association v. South Campus Development Team LLC, contains two important holdings for construction lawyers.
Henderson Square Condominium Association v. LAB Townhomes, LLC raises statute of limitations issues By Clifford J. Shapiro Construction Law, February 2015 A new Illinois ruling enforces cause of action accrual provisions and holds that express indemnity claims in a construction contract are subject to a 10-year statute of limitations.
The new wave of insurance for construction defects? Four states enact statutes favoring coverage for faulty workmanship By Clifford J. Shapiro & Kenneth M. Gorenberg Construction Law, October 2011 Legislation recently enacted in Colorado, Hawaii, Arkansas, and South Carolina addresses whether claims alleging construction defects are covered by commercial general liability insurance policies.

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