Topic
Construction Defect
638 published works
Florida HOA Lawyer Blog
Nicholas Siegfried Quoted in Palm Beach Post Article About Construction Defects
A recent report in the Palm Beach Post highlights a troubling trend for buyers of newly constructed condominiums in Florida: many developments are facing poor construction quality, hidden defects and…
Construction Industry Legal Blog
Step-by-Step: How the Construction Recovery Fund Process Works
The Florida Homeowners’ Construction Recovery Fund (known as the “Fund”) is a statutory remedy for homeowners who suffer financial losses due to the misconduct of licensed contractors. The Fund serves…
Colorado Construction Litigation
When “Normal Cracking” Isn’t So Normal: Parra v. Gillaspie Construction and the Two-Year Clock on Construction Defect Claims
By David McLain
In Michelle and Michael Parra v. Gillaspie Construction, Inc. and Johnson Excavation, Inc. (Colo. App. No. 18CA0800, Mar. 21, 2019), not selected for official publication, the Colorado Court of Appeals…
Florida HOA Lawyer Blog
Plaintiffs Face Challenges in Construction Defect Cases After Recent Rulings
The firm’s latest Miami Herald “Real Estate Counselor” column was authored by shareholder Georg Ketelhohn. The article, which is titled “Plaintiffs Face Challenges in Construction Defect Cases After Recent Rulings,”…
Construction Law Musings
Miller Act Bond Claims Subject to “Pay If Paid”. . . Sometimes
Originally posted 2014-07-09 09:44:02. The Federal Miller Act is a great tool that subcontractors and suppliers on Federal projects can use for collection of wrongfully withheld amounts due. However, as…
Florida Construction Law Blog
Is mold growth a construction defect?
Clients who pay for the construction of new edifices or major renovations of existing ones generally expect them to be in pristine condition when they assume tenancy. Contractors and leaders…
Florida Construction Law Blog
The complexity of latent construction defects
Disputes over construction defects can be complex in any situation. There may be significant questions over who caused the defect and who is responsible. Was it the contractor, a material…
Florida Construction Legal Updates
PROVING AND DEFENDING AGAINST CONSTRUCTION DEFECT DAMAGES
Recent decisions in Florida (see here) have harshly come out against owners in construction defect cases that fail to properly measure their damages as of the date of the breach.…
Insurance Law Hawaii
Court Addresses Insurers’ Dispute Over Which is Primary, Which is Excess
The court considered cross-motions for summary judgment to determined which carrier was primary and which was excess for coverage of bodily injury. Travelers Indemn. Co. v. Hudson Excess…
Colorado Construction Litigation
Colorado Appeals Court Clarifies “Control” Exception to Statute of Repose
By David McLain
In a recent Colorado Court of Appeals decision, Kritzer v. Qwest Corporation, the Colorado Court of Appeals reaffirmed the protections offered by the statute of repose under Colorado’s Construction Defect…