Topic
Construction Defect
638 published works
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…
BuildSmart
No Games Allowed: Right to Arbitrate Waived by Filing Suit and Waiting to Request Arbitration
Many construction contracts these days include an arbitration provision. Those provisions generally provide that disputes between the parties will be resolved through private arbitration rather than litigation in the public…
Insurance Law Hawaii
Wisconsin Supreme Court Finds Coverage Under Ensuing Loss Provisions
Reversing the trial court's grant of summary judgment to the insurer, the Wisconsin Supreme Court determined that genuine issues of material fact existed on whether ensuing losses as defined in…
Florida Construction Legal Updates
OWNER TAKING ASSIGNMENT OF GENERAL CONTRACTOR’S CLAIMS AGAINST A SUBCONTRACTOR(S)
Here’s a scenario that occurs in construction defect cases. An owner sues a general contractor and subs for construction defects. The owner settles with a number of parties and takes…
Colorado Construction Litigation
The Goal Is the Repair, Not the Lawsuit: What Colorado HOA Boards Should Consider Before Suing a Builder
By Gail Gudder
Fourteen years ago, we cautioned Colorado homeowners associations against a “ready, fire, aim” approach to construction-defect litigation. In The Hidden Dangers of Construction Defect Litigation, we suggested a fairly simple…
WisBar Court Review
Supreme Court: Rain Damage, Not Construction Defect, Recoverable
By Jay D. Jerde
Aug. 17, 2026 – The dispute in Cincinnati Insurance Co. v. Ropicky, 2026 WI 25, will return to circuit court after the Wisconsin Supreme Court held that damage from rain,…
China Law Insight
承包人如何证明已经完成保修责任？
By King & Wood
作者：王欣 《中华人民共和国建筑法》第六十二条明确规定，我国实行建设工程质量保修制度。建设工程质量保修制度是指在建设工程竣工验收后，在规定的保修期限内，因勘察、设计、施工、材料等原因造成的建设工程质量缺陷，由施工承包人负责维修、返工或更换，并由相关责任主体负责赔偿损失的法律制度。 实践中，建设工程承包人在向建设单位提交建设工程竣工验收报告时，应当向建设单位出具质量保修书，质量保修书需要对建设工程的保修范围、保修期限和保修责任等予以明确。关于承包人如何证明已经完成保修责任，可能与其履行保修责任的程序及承担保修责任的形式等情况相关，本文就此具体讨论和分析。 阅读更多
California Appellate Report
Fazel v. Pete Fowler Const. Svcs (Cal. Ct. App. – June 23, 2026)
By Shaun Martin
It's always nice when the holding of a case is cogently summarized in its first couple of paragraphs, and that happens here:"In a prior lawsuit, plaintiff Maryam Fazel sued her…
The Construction Seyt
Daily Journal Publishes Article by Brenda Radmacher on Proposed Overhaul of California Construction Defect Law
Daily Journal (California) featured an article by Construction Law partner Brenda Radmacher, “A new path for construction defects in California.” The piece, published on June 15, 2026, examines Assembly Bill 1903 and its…
Construction Industry Legal Blog
Home Builders’ Heads Up: New Mandatory Transferable Warranties in Florida
If you build new homes in Florida, the rules just changed. As of July 1, 2025, every builder of a newly constructed home must provide a one-year warranty against construction…