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A Video Explaining Insurance for Construction Defects Regarding  Structural Failures   

https://zalma.com/blog

Structural integrity failures can involve any of the following:  concrete; masonry; carpentry; or foundations.   Defects related to site preparation can be caused by any of the  following:  building on expansive soil or other defective soils incapable of  properly supporting structures; building on contaminated soils; lack of a slab-on-grade foundation when the soils are acidic and can  cause the deterioration of concrete; or building on improperly compacted soils, which can cause interior  distress to cabinets and countertops, make doors difficult to open and  cause structures to settle and cracking in stucco, drywall, plaster  interior walls, windows, tile floors, concrete flatwork, slabs, and  garage flooring. 

In Texas, when a completed home developed problems with a shifting  foundation, a suit was filed alleging violations of the Texas Deceptive  Trade Practices Act (DTPA) and negligence. On the first day of trial,  the plaintiff settled with one defendant and proceeded against another.  The District Court granted a directed verdict on the claim that there  was a violation of the DTPA with a breach of an implied warranty of  good-and-workmanlike performance. Only the plaintiff\\u2019s negligence claim  was submitted to the jury, which found no negligence on defendant\\u2019s  part. The district court rendered a take-nothing judgment. [Codner v.  Arellano, 40 S.W.3d 666 (Tex.App. Dist.3 2001). See also Parmely v.  Hildebrand, S.D. 83, 630 N.W.2d 509 (2001), where the seller was found  to have made adequate disclosures about expansive soils at time of sale  and was not liable for soil expansion damages.]   

The Ninth Circuit, dealing with the right to insurance for damages  caused by expansive soil, found that under California law, a latent  defect exclusion applies to third party negligence that is discoverable  only through subsequent intensive expert investigation. Because there is  no evidence that the contractor\\u2019s negligence in this case was  discoverable, short of an in-depth expert inspection after-the-fact, the  Ninth Circuit concluded that State Farm was entitled to summary  judgment on its exclusion for latent defects. [Winans v. State Farm Fire  and Casualty Co., 968 F.2d 884 (9th Cir. 1992).]  

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