Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: September 30, 2016
The Firm
201-896-4100 info@sh-law.com
The Supreme Court of New Jersey recently held that a subcontractor’s faulty workmanship is covered under a developer’s commercial general liability policies (CGL). The decision in Cypress Point Condominium Association v. Adria Towers provides much-needed clarity regarding one of the most common types of insurance disputes involving construction defects.
The insurance dispute centered on the construction of Cypress Point, a luxury condominium complex in Hoboken. Co. Defendants Adria Towers, LLC, Metro Homes, LLC, and Commerce Construction Management, LLC (collectively, the developer) served as the project’s developer and general contractor, and subcontractors carried out most of the work. During construction, the developer obtained four general liability policies from Evanston Insurance Company and three from Crum & Forster Specialty Insurance Company .
After the complex was completed, several residents began experiencing problems, such as roof leaks and water infiltration around windows in units and common areas. Plaintiff Cypress Point Condominium Association sued the developer and several subcontractors, alleging faulty workmanship during construction and claiming various consequential damages. The central question in the lawsuit was whether the Association’s claims were covered by the insurers’ general liability CGL policies.

The policies were all modeled after the 1986 version of the standard form CGL policy promulgated by the Insurance Services Office, Inc. (ISO). They provided coverage for “those sums that the insured becomes legally obligated to pay as damages because of ‘bodily injury’ or ‘property damage’ . . . caused by an ‘occurrence’ that takes place in the ‘coverage territory’ . . . [and] . . . occurs during the policy period.”Under the policies, “property damage” was defined to include “[p]hysical injury to tangible property including all resulting loss of use of that property.” Meanwhile, an “occurrence” was defined as “an accident, including continuous or repeated exposure to substantially the same general harmful conditions.” The policies also contained an exclusion, for “Damage to Your Work” (the “your work” exclusion), which eliminated coverage for “‘[p]roperty damage’ to ‘your work’ arising out of it or any part of it and included in the ‘products-completed operations hazard.’” Notably, the exclusion stated it “does not apply if the damaged work or the work out of which the damage arises was performed on [the insured’s] behalf by a subcontractor.”
The New Jersey Supreme Court held that the CGL carriers must provide coverage. “The consequential damage caused by the subcontractors’ faulty workmanship constitutes ‘property damage’ and the event resulting in the damage … is an ‘occurrence’ under the plain language of the commercial general liability policies at issue here,” Justice Lee Solomon wrote.

In reaching its decision, the court noted that the seminal New Jersey insurance cases addressing whether construction defects are covered under CGL policies construed the 1973 ISO standard form CGL policy and not the 1986 version. It also highlighted that courts across the country have held that faulty workmanship constitutes an “occurrence” based on the exception to the “Your Work” exclusion in the 1986 version.The New Jersey Supreme Court followed the trend in holding that the post-construction consequential damages, which resulted in loss of use of the affected areas by residents, were covered “property damage” under the terms of the policies. As Justice Solomon explained, “because the result of the subcontractors’ faulty workmanship – consequential water damage to the completed and non-defective portions of Cypress Point – was an “accident,” it is an “occurrence” under the policies and is provided an initial grant of coverage.”
The court next turned to the relevant exclusions under the policies, as well as their exceptions. It concluded that while the 1986 “your work” provision eliminated some coverage for water damage to the completed sections of Cypress Point, “an exception to this exclusion, which was added to the 1986 ISO standard form CGL policy, narrowed the exclusion by expressly declaring that it does not apply if the damaged work or work out of which the damage arises was performed by a subcontractor.”
Are you still unsure about these commercial general liability policies? Would you like to discuss the matter further? If so, please contact me, Charles Yuen, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]
Author: John D. Giampolo

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Author: Wendy Rubinstein Quiroga

For parents of a child with a disability, estate planning raises concerns that go well beyond deciding who will inherit their assets. Parents may spend years making sure their child has the right care, services, and support. Eventually, they must also confront a difficult question: Who will take over when they can no longer do […]
Author: George McGowan

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]
Author: Donald M. Pepe

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]
Author: Marc J. Comer

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]
Author: Jay McDaniel
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!