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A video explaining construction defects and insurances



See the full video at https://youtu.be/sANuuIPQmaA [195659003] Design errors are any deficiencies in the execution or completion of the design, planning, supervision, inspection or construction of a new building or structure that has been modernized or undergone repairs.

Understanding what a design defect is has become so complicated that states have begun to define it by law. For example, design defects are defined as a "violation of statutory performance standards for every building component in a home" for all new homes sold after January 1, 2003 in California. [CaliforniaCivilCode§895andthefollowing"RighttoRepairLaw"allowthebuildertheopportunitytorepairorremedythedefectbeforethesuitisinitiated}

Under Illinois law, it is well known that a design defect is not an "event" or "accident." ; rather, it is the natural and common consequence of poor performance. [ Lyerla v. AMCO Ins. Co., 536 F.3d 684, 689-90 (7 Cir. 2008), Allied Property & Casualty v. Metro North Condominium Association USDC, ND Illinois, 2016 WL 1270480 (3 / [19659004] Because almost anything in a construction project can go wrong, this chapter will only deal with the types of design defects that have caused, and will continue to cause, major property damage and serious problems for passengers of structures.

Courts across North America have recognized the following major, though not all-inclusive, categories of construction defects: Construction Defects, Material Defects, Construction Defects, Building Code Violations and Surface or Geotechnical Problems.


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Barry Zalma, Esq., Nuq. his practice of acting as an insurance consultant specializing in insurance coverage, insurance claims handling, fraud and insurance fraud almost equally for insurance companies and policyholders. arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims lawyer and more than 52 years in the insurance industry. He is available at http://www.zalma.com and zalma@zalma.com.

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