Represented plaintiffs in construction case against design and building professionals seeking $5 million in damages for structural failure.
Suit was filed against the architect, engineer, construction manager that hired the various subcontractors, concrete company and mason for negligent design and construction of a 90,000 square foot suspended concrete slab that failed after a few years of use. Prior to trial, we obtained a multimillion dollar settlement from a majority of the defendants. As an interested party, we successfully opposed the declaratory judgment action by the masonry contractor in the underlying case seeking to disclaim coverage. Case required an in-depth analysis of the "Your Work" exclusions and doctrine of "reasonable expectations" with regard to claims for property and loss of use damages under standard CGL policies. We obtained summary judgment as the court held that plaintiff's damages were covered under the masonry contractor's policy. The trial court and Appellate Division rejected plaintiff's application for fees under court rule because plaintiff did not succeed in obtaining verdict against defendant contractor in underlying matter. In a case of first impression, the New Jersey Supreme Court reversed and awarded our client substantial fees as a successful claimant in the coverage action.