Topic
Construction Defect
638 published works
Zalma on Insurance
Construction Defects and Insurance Volume I Second Edition
By Barry Zalma
A Video About Construction Defect Suits Proliferate Like Kudzu Construction defects have grown into one of the most active areas of litigation in the United States. The Second Edition of…
The Lien Zone
Are You Covered for Those Cracks?
It’s natural to assume that if you hear blasting sounds and you feel vibrations, the cracks you start to see in your wall are caused by the construction taking place near your…
Florida Construction Legal Updates
COMMENCING OF THE STATUTE OF REPOSE FOR CONSTRUCTION DEFECTS
Florida has a ten-year statute of repose which applies predominantly to construction defect claims. This can be found in Florida Statute s. 95.11(3)(c). After ten years, any rights relative…
Insurance Law Hawaii
Contractor Entitled to Continued Defense Against Allegations of Faulty Construction
The U.S. District Court found that the contractor was entitled to a defense in the underlying state court action. Pa. Nat'l Mut. Cas. Ins. Co. v. Zonko Builders, 2021…
Zalma on Insurance
Structural Failures & Construction Defect Litigation
By Barry Zalma
A Video Explaining Insurance for Construction Defects Regarding Structural Failures See the full video at and at https://youtu.be/9892NYGGvSI Structural integrity failures can involve any of the following: concrete; masonry; carpentry;…
Insurance Law Hawaii
Third Circuit Affirms Insurer’s Duty to Defend Despite Allegations of Intentional Trespass
The Third Circuit affirmed the district court's finding that the insured contractor was entitled to a defense despite the underlying allegations of intentional trespass. Westminster Am. Ins. Co.…
California Construction Law Blog
Developer Pre-Conditions in CC&Rs Limiting Ability of HOA to Make Construction Defect Claims, Found Unenforceable
By Garret Murai
The Davis-Stirling Common Interest Development Act (Civ. Code §4000, et seq.), also known simply as “Davis-Stirling,” is a statute that applies to condominium, cooperative and planned…
Construction & Transition Litigation Law Blog
Is a New Statute of Limitations on the Horizon for Community Association Construction Defect Claims?
Under New Jersey’s current statute of limitations, N.J.S.A. §2A:14-1, all construction defect claims, i.e. property damage claims, must be filed within six years from when the potential claimant knew or…
Healthcare Industry Legal Blog
What Every Florida Community Association and Building Owner Needs to Know About Florida’s 10-Year Construction Defect Statute of Repose
The recent tragedy of the Champlain Tower collapse in Surfside, Florida, has brought an even greater focus on building safety and maintenance by governments, building owners, and condominium and community…
Real Estate Litigation Blog
Can a Home Builder Disclaim Implied Warranties of Workmanship and Habitability?
By Kevin Parker
By: Kevin J. Parker In a recent Arizona Court of Appeals case, Zambrano v. M & RC II LLC, 2021 WL 3204491 (7/29/2021), the Court of Appeals addressed the question…