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Rene David Quinlan is Senior Counsel in the Construction Group of Cohen Seglias. He focuses his practice on construction litigation and construction law, with an emphasis on the prosecution and defense of multi-state delay, disruption, and acceleration claims, payment and performance bond claims, mechanics’ lien claims, design professional claims, and design and construction contract preparation, review, and negotiation.

[Note from the Editor: Due to an inadvertent editing error, omitted from our post entitled NJ Supreme Court Gets It Right! Consequential Damages Caused By A Subcontractor’s Defective Construction Work Is Insured was the fact that the property damage at issue occurred after the project was completed.  The insurance coverage at issue in the case was completed operations coverage included in the commercial general liability form.  The corrected article appears below.] 

Consultant presenting insurance concept and risk managementThe New Jersey Supreme Court’s August 4, 2016 decision in Cypress Point Condominium Association, Inc. v. Adria Towers, LLC opened the door for general contractors to obtain insurance coverage under their commercial general liability (CGL) policies for property damage caused by their subcontractor’s defective work after the project was completed.
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In the world of construction litigation, everything begins and ends with your contract. Although contract drafting and negotiation may feel like a burdensome process that stands in the way of commencing work and earning profits, it is probably one of the most important aspects of your business, and one that can make or break your