Topic
Construction Defect
638 published works
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…
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
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…
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…
Insurance Law Hawaii
Coverage Case for Construction Defects Transferred to Hawaii
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,…
Colorado Construction Litigation
The next evolution in Colorado construction defect litigation? Single-family home builders could be in the crosshairs.
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…
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…
Insurance Law Hawaii
Construction Defect Claim Must Be Defended Under Florida Law
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.…
Insurance Law Hawaii
No Coverage Where Cracks in Basement Walls Do Not Amount to Sudden Collapse
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…
Insurance Law Hawaii
Construction Defect Claim Not Covered
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,…
Hunton Insurance Recovery Blog
For Florida Construction Industry Insureds, a Chapter 558 Notice May Trigger CGL Insurer’s Duty to Defend
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…