Construction Law Insights

Great Am. Ins. Co. v. 53rd Place, LLC, 2020 U.S. Dist. LEXIS 133631 (E.D. Va. July 28, 2020)

On April 12, 2017, Great American Insurance Company (“Great American”) entered into a written indemnity agreement with 53rd Place, LLC (“53rd Place”), as principal and corporate indemnity, and Guy Prudhomme du Hancourt and Patricia Prudhomme du Hancourt, in their individual capacities as personal indemnitors. On October 24, 2018, Great American entered into a second writtenindemnity agreement with: 53rd Place as principal and corporate indemnitor; A M Homes, LLC (“A M Homes”) and 3114 13th Land Trust, as corporate indemnitors; and Patricia Prudhomme

Erie Ins. Exch. v. Spalding Enters., 2020 Va. Cir. LEXIS 98 (City of Fairfax Cir. Ct. July 14, 2020)

Hsin Yen’s (“Yen”) home suffered fire damage. Having insured the home through Erie Insurance Group, the insurance company put Yen in contact with Gregory Spalding of Spalding Enterprises, Inc. (“Spalding Enterprises”), a previously designated vendor by the insurance company representative, in February 2019. Gregory represented to Yen that Spalding Enterprises could complete the project by the end of October 2019. Based in part on Gregory’s representations, Yen hired Spalding Enterprises to repair his home. Yen paid a $300,000 deposit to Spalding Enterprises on August 18, 2019. In September 2019, Gregory told Yen the project would not be completed until November 2019. Yen terminated Spalding Enterprises on September 8, 2019 due to the change

Contech Engineered  Sols., LLC v. Apptech Sols., LLC, 2020 U.S. Dist. LEXIS 60058 (W.D. Va. Apr. 6, 2020)

In 2011, ACS Design, LLC (“ACS”) and Contech Engineered Solutions, LLC (“Contech”) entered into a series of agreements regarding the licensing, design, marketing, and sales of certain products for the wastewater treatment market: (i) a License Agreement; (ii) a Design Services Agreement; and (iii) a Marketing Agreement. In 2014, Apptech Solutions, LLC (“Apptech”), ACS, David Early (“Early”), and Scott Easter (“Easter”) sued Contech, alleging that Contech was not performing under these agreements. On September 21, 2015, the parties executed an Amended

Builders Mut. Ins. Co. v. Albrittain, Inc., 2020 U.S. Dist. LEXIS 81211 (E.D. Va. May 7, 2020)

J.L. Albrittain, Inc. (“Albrittain”) and Cathedral View, LLC (“Cathedral”) were business partners in the construction and sale of four townhouses and had a general liability insurance policy (“GL Policy”) issued by Builders Mutual Insurance Company (“BMIC”). After each buying a separate townhouse and moving in, Robert and Michelle Ward (collectively “Wards”), Whitney Albrittain (“W. Albrittain”), and James and Erin Seale (collectively “Seales”) discovered that their townhouses had significant water leaks and water damage. Each engaged professionals, who observed substantial water infiltration throughout the townhouse attributable to design and construction defects. Thereafter, the Seales, Wards, and W. Albrittain, on numerous occasions, asked the Cathedral, Albrittain, and their agents or representatives (collectively, the “Defendants”) to remedy the leaks and damage, but the Defendants failed to do so.

Gentry Locke Rakes & Moore, LLP v. Pride Constr., LLC, 2020 U.S. Dist. LEXIS 185605, 2020 WL 5947590 (W.D. Va. Oct. 6, 2020)

Gentry Lock Rakes & More, LLP (“Gentry Locke”) brought a state law claim against its former client Pride Construction, LLP (“Pride”) for $130,851.52 in unpaid legal services after representing Pride in an arbitration and insurance claim related to a construction project.

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