Michaels, Schulwolf & Salerno attorneys have a wealth of experience in litigating complex, multi-party construction defect coverage cases. The firm has litigated claims involving a wide variety of design, material and building defects, including structural failures, roof collapse, defective roofing, incorrectly installed sheathing and cladding systems, leaking windows, water infiltration and mold, lead contaminated rainwater runoff and concrete defects.
Representative cases we have handled include collapsed roof trusses at an elementary school in Lake County, Illinois; leaking roofs at a college learning center and municipal library; damages arising from defective concrete delivered to numerous sites in Kentucky; leaking windows and cladding at a university dormitory in Chicago; contaminated runoff from a roof containing lead at a government building in Kane County, Illinois; damage to an artificial riverbank installed in the Milwaukee River; and water intrusion involving an Exterior Finish Insulating System (EIFS) at a junior high school in St. Clair County, Illinois.
Construction defect cases often involve multiple parties, with differing and often adverse interests. It is not uncommon for architects, engineers, construction managers, contractors, subcontractors and/or suppliers all to be involved in a a major construction defect claim. Litigating responsibility for the damage can be as important as determining insurance coverage. Michaels, Schulwolf & Salerno attorneys have the necessary depth of experience and knowledge of the law in both areas to obtain successful results for its clients.
Overlapping insurance among owners, subcontractors and contractors, named insureds and additional insureds, and primary or excess insurance, frequently raise issues regarding allocation of defense costs and indemnity in construction defect cases. Our firm has litigated and resolvedcontribution claims between insurers based upon such factors as the types of insurance at issue, time of the occurrence and time on the risk, named or additional insured status and the policyholder’s degree of liability for the damage alleged in the case.