Topic
Construction Defect
638 published works
Construction & Transition Litigation Law Blog
The Transition Engineering Report: Triggering The Statute of Limitations in Condominium Construction Defect Cases
By Gene Markin
Earlier this year, the New Jersey Appellate Division reversed a Bergen County trial court decision, which had dismissed a construction defect case filed by a condominium association more than six…
Rocky Mountain Real Estate Law
Denver Passes Condominium Construction Defect Ordinance
On Monday night (November 23, 2015), Denver City Council voted to approve the construction defect ordinance proposed by Mayor Hancock. The ordinance, which we wrote about when it was proposed…
Rocky Mountain Real Estate Law
Mayor Hancock’s Construction Defect Ordinance Passes Important Hurdle
On November 16, 2015, the Denver City Council unanimously approved the first reading of Mayor Hancock's construction defect ordinance that we wrote about last month. The vote came after about…
Colorado Homeowners Association Law
Mayor Murphy’s Boondoggle Backfires
It was just over a year ago that Mayor Murphy led the charge for Metro Mayors by pushing through an ordinance that destroys the right of homeowners living in Lakewood to adequately pursue remedies for construction defects to their homes. Mayor…
Construction & Transition Litigation Law Blog
First Annual National Construction Defect Conference
On November 19-20, 2015, I will be speaking at Perrin Conferences’ First Annual National Construction Defect Conference at the Ritz-Carlton Hotel and Conference Center in Fort Lauderdale, Florida. I am…
Insurance Law Hawaii
General Partner Is Not Additional Insured For Construction Defect Claim
The court determined that the project owner's general partner was not an additional insured entitled to a defense and indemnity against claims for construction defects. St. Paul Fire & Marine…
Rocky Mountain Real Estate Law
More Local Action on Construction Defects
The Denver Business Journal is reporting that, on Monday, Commerce City became the third city in the Denver metro-area to enact an ordinance addressing construction defects in condominium and other common…
Construction & Transition Litigation Law Blog
Insurers of General Contractors Can No Longer Hide Behind Business Risk in Refusing to Defend Their Insureds in Construction Defect Litigation
Generally speaking, a contractor’s commercial general liability (“CGL”) policy is designed to cover personal injury or property damage caused by an accident resulting from the contractor’s work. The policy is…
New Jersey Insurance Coverage Litigation
More developments in insurance coverage for construction defects
By Gene Killian
Back in the days of the environmental insurance coverage wars, we on the policyholder side argued (eventually successfully in New Jersey) that the word “sudden”, as used in the 1973…
Construction & Transition Litigation Law Blog
The “Continuous Trigger” Theory and Construction Defect Actions: Cypress Point Condominium Association v. Selective Way Insurance Co.
A New Jersey trial court granted summary judgment in favor of Selective Insurance Company holding that the “continuous trigger” theory does not provide insurance coverage subsequent to the manifestation of…