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Construction Update: When Is A Supplier Not A Supplier? Does a Transom Window Make Your Door No Longer “Your Product”?

September 23, 2013 by on News

When Is A Supplier Not A Supplier?

A recent case out of the 4th District has laid out some changes when it comes to suing a supplier. Under, Port Marina Condo. Ass’n, Inc. v. Roof Servs., Inc.,in order to sue a manufacturer for a defective product you must first show that the manufacturer was also a supplier to the Project. 4D12-3693, 2013 WL 4726923 (Fla. Dist. Ct. App. Sept. 4, 2013).

Does a Transom Window Make Your Door No Longer “Your Product”?

The “Your Product” exclusion has long been the source of insurance coverage issues in construction litigation. Under most Commercial General Liability (“CGL”) policies, there is no coverage for damage to or replacement of “Your Product”. A recent case out of the Second District only further solidifies this exclusion.

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