(Note: This focuses on North Carolina law but the generalprinciples should be of universal application.)

1. Establish the trigger of coverage to make sure it'syour claim. Make sure that the claims at issue triggeryour policy period and not the policy period of another carrier ora 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 theclaim. Make sure that the construction defect claim isbeing made less than six years (in North Carolina) aftersubstantial completion of the work at issue. If it's been more thansix years, the claim should be barred by the statute of repose.

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