Some of the more challenging legal issues facing construction litigators are covered in detailed articles written by Weston Hurd Partners John Farnan and Frederick Bills in the OACTA Quarterly Review (Summer 2020).
John Farnan’s article, “Analyzing CGL Coverage for Construction Related Claims,” provides an overview of how insurers typically examine construction defect claims and lawsuits, against insureds, that arise out of alleged deficiencies in an insured’s construction work. The article brings clarity to understanding terms applicable to an insurance coverage contract, specifically how courts have construed the term “occurrence” and how it applies to defective workmanship. Coverage exclusions and provisions for damage resulting from work and work product are also covered.
In the article, “Following the Construction Statute of Repose After New Riegel,” Fred Bills presents a detailed analysis of the meaning of “accrue” as used in the statute as well as the express warranty exceptions and the meaning and application of “defective and unsafe condition” as it has been pursued in cases and construed by the courts. According to the article “Decisions on these remaining questions will have a significant impact on settling the New Riegel decision and determining the scope of R.C. 2305.131 in protecting contractors, subcontractors, and design professionals from prolonged periods of liability exposure.”