(Note: This focuses on North Carolina law but the general principles should be of universal application.)
1. Establish the trigger of coverage to make sure it's your claim. Make sure that the claims at issue trigger your policy period and not the policy period of another carrier or a gap in coverage. The policy's insuring agreement only applies to “property damage” that occurs during the policy period.
2. Determine whether the statute of repose bars the claim. Make sure that the construction defect claim is being made less than six years (in North Carolina) after substantial completion of the work at issue. If it's been more than six years, the claim should be barred by the statute of repose.
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