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Construction Defect

638 published works

  1. The Lien Zone

    Who is Required to Disclose a Construction Defect?

    By Alex Barthet

    Frank Firstbuyer purchased a vacant waterfront lot, intending to build his home there. However, shortly after closing, he was advised that the southern edge of the property contained a number…

  2. Constructlaw®

    A Project Consisting of Several Component Projects Is a Single Project or “Product Purchased by the Owner” Within the Meaning of the Indiana Economic Loss Rule; Only Damage to Pre-Exiting Property at the Site May Be Subject to Recovery in Negligence

    By Stephen Kiefer

    City of Whiting v. Whitney, Bailey, Cox & Magnani, LLC, 2018 U.S. Dist. LEXIS 44943 (N.D. Ind. Mar. 20, 2018) The City of Whiting, Indiana (the “City”) undertook a 26-acre…

  3. Association Alert

    After Turnover Do a Developer’s Actions (or Inaction) Affect an Association’s Construction Defect Claims? YES

    By Daniel Miske

    Yes, developers can be lazy, greedy good for nothing con-artists. Developers can also adversely affect the rights of an association by simply doing nothing.  Specifically, a developer (owner of the…

  4. Insurance Law Hawaii

    Coverage Case for Construction Defects Transferred to Hawaii

    By Tred R. Eyerly

        The federal district court for the Northern District of California determined the proper forum for a coverage case was Hawaii, not California. Navigators Specialty Inc Co. v. Kapiolani Residential,…

  5. Colorado Construction Litigation

    The next evolution in Colorado construction defect litigation? Single-family home builders could be in the crosshairs.

    By David M. McLain

    I recently had the opportunity to write an article for Colorado Builder Magazine, a snippet of which appears here. Since the 1990's, construction defect litigation has focused on condominiums and…

  6. Constructlaw®

    California Supreme Court Clarifies That “Right to Repair Act” is Exclusive Remedy for Both Economic Loss and Property Damage Arising From Construction Defects

    By John Gazzola

    McMillin Albany LLC v. Superior Court, No. S229762, 2018 Cal. LEXIS 211 (Jan. 18, 2018) Several homeowners (“Plaintiffs”) brought suit against developer/general contractor McMillin Albany LLC (“McMillin”) for alleged defective…

  7. Insurance Law Hawaii

    Construction Defect Claim Must Be Defended Under Florida Law

    By Tred R. Eyerly

        The Eleventh Circuit found that the insured caused property damage to areas beyond its own work, obligating the insurer to defend. Addison Ins. Co. v. 4000 Island Blvd. Condo.…

  8. Insurance Law Hawaii

    No Coverage Where Cracks in Basement Walls Do Not Amount to Sudden Collapse

    By Tred R. Eyerly

        In another of a series of collapse cases arising out of Connecticut, the federal district court found there was no coverage for the homeowner's cracked basement wall caused…

  9. Insurance Law Hawaii

    Construction Defect Claim Not Covered

    By Tred R. Eyerly

        The insured general contractor was not covered for alleged faulty workmanship in constructing a home. Allstate Ins. Co. v. Luu, 2017 U.S. Dist. LEXIS 190983 (N.D. Ga. Nov. 17,…

  10. Hunton Insurance Recovery Blog

    For Florida Construction Industry Insureds, a Chapter 558 Notice May Trigger CGL Insurer’s Duty to Defend

    By Andrea DeField

    Last week, the Florida Supreme Court held that a Chapter 558 notice of construction defect constitutes a “suit” under a commercial general liability (“CGL”) policy sufficient to trigger the insurer’s…