Statute of Repose Applies to Contract and Negligence Actions
EIFS,Statute of Repose
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When the exterior EIFS system of a building wall fell down following a severe storm more than 10 years after construction had been completed, a ten year statute of repose was held to bar the building owner’s suit against the construction contractor regardless of whether the legal cause of action was framed as tort (negligence) [...]
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Mold-Related Construction Defect Claims: Who is Liable for Alleged Damage Caused by Exterior Insulation Finishing Systems (“EIFS”)
Damages,EIFS,Mold,Settlement Agreement
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By: Gordon & Rees, LLP EIFS or synthetic stucco is at the forefront of construction defect allegations regarding water intrusion, property damage and mold growth. EIFS generally consists of a layer of exterior grade gypsum glued to a foam board. The foam board is then coated with a heavy base coat of the synthetic stucco. [...]
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Contractor Can’t Recover Insurance for Damages Caused by its Its Breach of Contract
CGL,EIFS,Insurance - Breach of Contract not Covered,Insurance Coverage Disputes,Your Work
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A contractor sought recovery from its commercial general liability (CGL) policy for damages that the project owner claimed for water leakage and damage caused by the Exterior Insulation System furnished and installed by the contractor. The insurance company filed a declaratory judgment action asking the court to declare that the insurance policy provided no coverage [...]
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