Topic
Construction Defect
637 published works
Professional Services Industry Legal Blog
Got a Demand Letter From Another Business? What to Do Before You Respond
A demand letter from another business usually arrives without warning: a supplier says you owe for goods, a customer says your work was defective, or a competitor says you took…
Traverse Legal Expert Articles
Home Builder Arbitration Clause: Can You Sue Your Builder?
Your new home has a defect. The builder won’t fix it. Then you find a clause in your purchase contract, deed or warranty booklet that says you can’t go to…
Traverse Legal Expert Articles
Michigan Contractor Disputes: Defects, Unfinished Work, LARA Complaints and Arbitration
Your contractor took the deposit and walked off the job, or finished it badly and stopped returning calls. Michigan gives homeowners more tools than most people know about: a licensing…
Traverse Legal Expert Articles
Texas Home Builder Defect Claims: RCLA Notice, Arbitration and Deadlines
Your Texas builder or remodeler left you with a defect and won’t fix it. Before you sue or file for arbitration, Texas law makes you send a specific notice and…
Colorado Construction Litigation
One Building, Six Owners, One Defective Stucco System: How Do You Coordinate Repairs?
By David McLain
Colorado’s new right-of-access statute may help address one of the unintended consequences of individually owned townhome developments, but it does not solve every problem associated with repairing interconnected building systems.…
Colorado Construction Litigation
Same Insurers, Different Results: Another Chapter in Acuity v. Kinsale and the Limits of Co-Carrier Recovery Under Colorado Law
By David McLain
When multiple insurers potentially owe coverage for the same construction defect claim, can one insurer force another to participate in the defense or indemnification of their common insured? If the…
BuildSmart
Case Update: Federal Court Affirms $383M Jury Verdict for Michigan Utility in Pumped Storage Dispute
A federal judge in Michigan has affirmed a $383 million jury verdict against Toshiba for its work on the Ludington Pumped Storage Hydro plant. The case involves a project to overhaul…
Colorado Construction Litigation
Not All Warranty E-Mails Are Notices of Claim
By David McLain
Colorado’s construction defect statutes establish specific requirements for notices of claim and statutory tolling. It is time for courts and arbitrators to enforce them. There is a frustrating tendency in…
BuildSmart
HKS Architects Liable for Defective Structural Designs on Hospital Project
A Florida federal judge has found architectural firm HKS liable for providing defective structural designs from its engineering subconsultant on a hospital project in Florida. The case involves expansion of an…
Florida Construction Legal Updates
PROPERLY TAKING JUDICIAL NOTICE OF FLORIDA’S BUILDING CODE
Many construction defects cases involve Florida’s Building Code. A recent non-construction case, BSREP II PBG Resort, LLC v Ginsburg, 2026 WL 265226 (Fla. 4th DCA 2026), discussed a court taking…