Martin, Disiere, Jefferson & Wisdom L.L.P. construction defect attorneys handle a broad array of construction defect claims including claims under both liability and property policies, builders risk policies, E&O coverages and additional insured endorsements. We have extensive experience in building cladding and building envelope claims, “sick-building” syndrome cases, mold litigation, EIFS claims, design errors and omissions, foundation movement claims, building collapse claims, and industry wide construction litigation claims against contractors and their subsidiaries.
We frequently represent insurers in evaluating construction defect coverage questions including claims for additional insured status, policy allocations, policy exhaustion, and all of the common coverage questions inherent in CD claims. When litigation ensues, we have frequently been on the forefront in bringing declaratory judgment actions in order to give the carrier greater leverage in negotiating the resolution of the underlying CD claim when coverage problems are significant. When our clients are sued for contractual and extra-contractual damages arising out of the handling of CD claims, we are also frequently retained to defend those claims and exonerate our client’s coverage positions.
Our lawyers have been on the cutting edge of the construction defect coverage cases since they exploded in 2001. We have handled several of the major cases which have shaped Texas insurance law in the context of CD claims and we are in the middle of the CD cases currently before the Texas Supreme Court and Fifth Circuit Court of Appeals. We have been called upon to provide nationwide training to the CD adjusters of certain carriers and several of our lawyers regularly speak to both lawyers and industry groups on CD claims.