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Construction Defects

Feb 11, 2020

Owners of defective condos settle lawsuit for $11.6M

Residents of a 52-unit condominium building in Berkeley County that has been riddled with construction defects for more than a decade have confidentially settled a lawsuit against its developer and builders for $11.6 million, their attorneys report. John Hayes and Nina Meola of the Hayes Law Firm in Charleston and Keith McCarty of Charleston said […]

Oct 19, 2018

Contract – Construction Defects – Statute of Limitations – Directed Verdict

Defendant, the first developer of the residential development at issue, was found partially responsible for the damages caused by construction defects. On appeal, defendant argued that the trial court erred in denying a directed verdict motion based on the statute of limitations. Because certain homeowners did not discover their cause of action against defendant for […]

Oct 18, 2018

Contracts – Construction Defect – Jury Instructions – Set-off of Jury Verdict

Defendants assumed responsibility for completing construction of plaintiff’s residential development. Defendants noted existing water leak damage and attempted repairs. However, several years later, homeowners began reporting water intrusion during heavy rains. Plaintiff filed suit against defendants and the original construction company and obtained a $5 million verdict against all parties. Def[...]

Oct 5, 2018

Insurance – Construction Defects – Insurance Liability Coverage – Policy Exclusions

Insurers failed to reserve their rights to contest coverage based on the timing of loss and the effective period of certain policies, and further failed to seek an allocation of covered versus non-covered damages in underlying actions against insureds. Accordingly, insurers were liable for the entire verdicts. We deny defendants’ motions for summary judgment and […]

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