A Minnesota builder settled a lawsuit where it was alleged that defective foundation construction was the cause of death of a 10 year old girl and not the tornado itself.
The 2006 tornado carved a six mile path of destruction and injured six people and damaged 340 homes.
I have no idea about the settlement details but it seems that it would have been difficult to prove that the defective construction was the proximate cause of the injury during a tornado. Nevertheless, this category of lawsuit sends a warning signal to builders who are not in compliance with building codes dealing with wind damage in hurricane and tornado prone areas.
Source: Startribune
Theodore L. Senet, a noted Los Angeles construction and insurance attorney, recently listed nine risk management issues dealing with green construction:
1. Compliance with developing green building codes and local requirements
2. Compliance with contract requirements related to certification levels
3. Compliance with contract requirements related to energy savings and operational performance
4. Obtaining tax incentives or meeting tax credit requirements
5. Meeting investment criteria and financing requirements
6. Additional time and costs related to the design, approval and fabrication of new building products and systems
7 The ability of new green products and systems to perform to traditional performance standards
8. The sequencing, constructability and commissioning of new systems, products and processes
9. Compliance with project schedules and the impact on fast track projects
Source: Green Building: New Benefits For Society And New Challenges For Risk Management; Insurance Journal, November 17, 2008; Vol. 86, No. 22; by Kenneth C. Gibbs
