Picture this scenario: you have a massive water loss at a commercial construction project.  You send your forensic plumbing consultant to the scene.  Your consultant determines that the plumbing subcontractor forgot to apply adhesive to the pipes that served the fire suppression system.  One of the pipes split and flooded the entire complex when the...

The Economic Loss Doctrine (ELD) is a legal principle that bars negligence claims when damages are deemed purely “economic.” While more commonly applied in product defect cases, limited jurisdictions may also use the ELD to bar negligent construction claims.  And in these instances, a plaintiff’s property damage claim may be required to stem from a...

Oftentimes, in claims arising out of losses on construction projects, the insurer will need to undertake a detailed analysis as to whether a potentially responsible general contractor or subcontractor can be pursued for its negligent acts or omissions that resulted in the damages.  Contractors repeatedly raise defenses to claims by insurers by relying upon purported...