Legal Question in Construction Law in California

General Liabilty Insurance

If I sue a contractor for damages due to poor construction, improper job management and other issues and if I win a judgement. If he claims he has no liquid assets, will his General Liability Insurance pay the damages if he was covered by such a policy during the construction?


Asked on 10/26/07, 4:25 pm

3 Answers from Attorneys

Benjamin Berger Berger-Harrison, A Professional Corporation

Re: General Liabilty Insurance

A contractor's policy usually only covers resulting damage. For example, if the roof was installed improperly and rain detroyed your drywall ceiling and carpet, there would be coverage. If he installed ceramic tile terribly . . . but if it caused no damage to anything else . . . there would probably be no coverage.

Coverage is a very tricky issue. You should retain an attorney - or at least consult with one before doing anything.

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Answered on 10/26/07, 5:02 pm
EZRA FRUCHTER LAW OFFICES OF E. LEONARD FRUCHTER

Re: General Liabilty Insurance

General liability policy only covers resulting damage, not bad workmanship. For example, if you contract for a new roof and it leaks, the insurance covers the water damage caused by the leaky roof but not repairs to the roof itself. However... if the contractor is licensed, he should have a $12,500 bond posted with the california contractor's board which may be liable for faulty workmanship, etc. Talk to a construction attorney. Best of luck.

E. Leonard Fruchter

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Answered on 10/26/07, 5:30 pm
Terry A. Nelson Nelson & Lawless

Re: General Liabilty Insurance

If he has insurance that covers workmanship issues, then yes. However, contractors seldom have sufficient insurance or assets. Before spending a lot of money on a lawsuit, you need to check out the likelihood of collection. Feel free to contact me if serious about getting legal help in this.

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Answered on 10/29/07, 2:01 pm


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