Adams and Reese Construction Team Co-Leader and Executive Committee Member David Toney was interviewed by the Claims and Litigation Management (CLM) Alliance about construction-defect and product liability trends that are impacting the profession. “Ask the Expert: Manufacturers Beware” was published on June 20.
“There are several emerging trends in 2023 concerning construction component manufacturers,” said Toney. “The most notable trend specific to manufacturers is that their largest customers have now largely decided upon a defense strategy of tendering to and/or adding their subs and suppliers, including the manufacturers, to any and all claims, cases, and matters.”
Toney explained that for example, some manufacturers never used to add or otherwise join their subs and suppliers to their claims, cases, or matters, but company strategies have changed over the years. They now tender and/or make demand upon manufacturers for almost any claim, case, or matter they receive involving the manufacturer’s products.
Toney also discussed the trends of an uptick in delay claims, the presence of addendums in construction-defect claims, and the increase of cyberattacks and the need for cyber insurance.
Click here to read the entire interview.