Construction Defects

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New Loss

Water Loss Program

Whether the matter at issue involves a large loss construction-related subrogation claim – such as a catastrophic condominium loss – or a residential construction loss, our lawyers have the experience to assist you with handling your complex claim. Our subrogation team works with you to promptly investigate the loss and identify possible targets no matter whether the loss at issue results from a fire, water loss, collapse, the removal of lateral support or an equipment failure or an explosion.

As part of our subrogation investigation, we work with a nationwide panel of experts and analyze possible defenses. In construction cases, where there are frequently multiple tiers of contractors, the parties often use American Institute of Architects (AIA) contracts that expressly address subrogation claims. Our lawyers routinely analyze these clauses and, consequently, they understand the nuances of these form contracts’ terms and can determine whether the applicable jurisdiction applies these clauses to, for example, post-construction losses or losses to non-work or adjacent property. We are proud to have been involved in one of the leading cases addressing the scope of an AIA subrogation waiver clause (John L. Mattingly Constr. Co. v. Hartford Underwriters Ins. Co., 999 A.2d 1066 (Md. 2010)), where the court, agreeing with our position, found that the phrase “the Work” in the AIA contract clause at issue was ambiguous and, thus, the defendant was not entitled to summary judgment.

In addition to having experience analyzing waiver of subrogation clauses, our lawyers have experience with, among other things, the following:

• arguments based on the insurer being a mere volunteer;
• defense contentions that equitable principles apply to conventional subrogation claims and, thus, the insured should be made whole before the insurer;
• disputes based on the economic loss doctrine;
• arguments contending that a lawsuit should be dismissed in favor of arbitration;
• determining whether a waiver of subrogation or other clause is unenforceable as against public policy;
• analyzing whether the applicable jurisdiction’s Right to Repair Act, Residential Construction Liability Act or similar statute impacts the construction defect claim at issue;
• evaluating whether, in addition to contractual claims, an insurer can pursue claims based on state consumer protection or Deceptive Trade Practices Act laws; and

• determining how a state’s statute of repose impacts the claim and whether, in cases involving multiple contractors, there are different accrual dates.

Whether your case involves a waiver of subrogation clause, the economic loss doctrine or another construction-related issue, you can be sure that White and Williams stays informed on construction-related developments taking place around the nation. In addition to keeping its lawyers informed on these issues, our subrogation department frequently provides updates regarding construction-related trends and cases in its blog, Subrogation Strategist, which we hope that you follow.

Resources

The Subrogation Strategist

Podcasts

Subro Sessions