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Construction Defect

638 published works

  1. Colorado Construction Litigation

    Association Insurance Company v. Carbondale Glen Lot E-8, LLC: Federal Court reaffirms that there is no duty to defend or indemnify a builder for defective construction work

    By David M. McLain

    In a case that squarely confronts the juxtaposition of an insurer’s duty to defend or indemnify its insured for construction related defects, the United States District Court for the District…

  2. Real Estate & Construction

    Campus Community Management Firms, Beware!

    By Charles Allen

    When Your Student Housing Property has Water Intrusion and Mold, the Last Man Standing Could Be the Loser!   An increasing number of legacy buildings, including aging student housing complexes,…

  3. Insurance Law Hawaii

    New Jersey Court Adopts Continuous Trigger for Construction Defect Claims

    By Tred R. Eyerly

        The New Jersey Superior Court, Appellate Division, adopted the continuous trigger for establishing which insurers were on the risk for construction defect claims. Air Master & Cooling, Inc. v. Selective…

  4. The Lien Zone

    Tips for Dealing with a Construction Defect Claim in a Condominium

    By Alex Barthet

    Typically, the condominium purchaser would look to the common law warranty of fitness and merchantability for relief on a defect claim, specifically alleging as grounds that the unit does not…

  5. Constructlaw®

    In Dismissing Homebuyer’s Defective Construction Suit Against Contractor for Lack of Privity, Supreme Court of Utah Cautions Future Homebuyers to Obtain Express Assignment of All Available Warranties at Time of Acquiring Home

    By John Gazzola

    Tomlinson v. Douglas Knight Constr., Inc., 2017 Utah Lexis 132 (August 29, 2017) This case arises out of the construction of a residential property.  Lot 84 Deer Crossing (“Lot 84”)…

  6. New York Attorney Malpractice Blog

    Bedrock Legal Principles in a Shaken Foundation Case

    By Andrew Lavoott Bluestone

    Cohen v Sive, Paget & Riesel, P.C.   2017 NY Slip Op 32295(U)   October 27, 2017 Supreme Court,   New York County Docket Number: 154650/2013   Judge: Jennifer G. Schecter applies black-letter law…

  7. Real Estate & Construction Law

    NJ Courts Continue Expansion of Insurance Coverage for Construction Defects: “Continuous Trigger” Doctrine Applied

    By Adam J. Sklar

    New Jersey courts are continuing their trend of extending insurance coverage for third-party construction defect claims.  Following last year’s NJ Supreme Court decision in Cypress Point Condo. Ass’n, Inc. v. Adria…

  8. Insurance Law Hawaii

    Hawaii Federal District Court Denies Brokers’ MSJ on Duties Owed In Construction Defect Case

    By Tred R. Eyerly

        The federal district court for the District of Hawaii denied the brokers' motion for summary judgment seeking dismissal from claims that they inadequately advised the insured of the…

  9. Colorado Construction Litigation

    Recent Changes in the Law Affecting Construction Defect Litigation

    By Abbie Peterson

    At Long Last, the Colorado Legislature Passed Construction Defect Reform By David M. McLain On May 23, 2017, Governor Hickenlooper signed HB17-1279 into law.  The bill states that before an…

  10. Insurance Law Hawaii

    Coverage for Faulty Workmanship Found In South Dakota

    By Tred R. Eyerly

        The South Dakota Supreme Court found coverage in favor of the general contractor who was sued for alleged faulty workmanship. Owners Ins. Co. v. Tibke Constr., Inc., 2017 S.D.…