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EIFS Repairs Covered without Insurer’s Consent

by Kent Holland | May 6, 2014 | Newsletter Article

 J. Kent Holland Jr. and James Rhodes The Texas Supreme Court affirmed a jury verdict in favor of a construction company against its insurer regarding the company’s voluntary remediation efforts to fix water damage at over 400 homes that it had built. The damage...

Statute of Repose Applies to Contract and Negligence Actions

by Kent Holland | Feb 9, 2011 | Newsletter Article

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...

Mold-Related Construction Defect Claims: Who is Liable for Alleged Damage Caused by Exterior Insulation Finishing Systems (“EIFS”)

by Kent Holland | Feb 9, 2011 | Newsletter Article

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...

Contractor Can’t Recover Insurance for Damages Caused by its Its Breach of Contract

by Kent Holland | Feb 7, 2011 | Newsletter Article

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...

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