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Construction Defect

638 published works

  1. Construction & Transition Litigation Law Blog

    Understanding the Relationship Between the Architect, General Contractor, Subcontractors and Building Inspector for Construction Defects

    By Donald B. Brenner

    Unitowners in condominium associations and homeowners in homeowner associations are often confused about the legal responsibilities of design professionals, general contractors, subcontractors and municipal building officials and building inspectors regarding…

  2. Rocky Mountain Real Estate Law

    Millennials and the Rent/Buy Decision: Are Construction Defect Laws a Factor?

    By Kimberly A. O'Hagan

    As we’ve written in the past, Millennials have played a significant role in the revival of Denver’s economy. As increasing rent payments threaten to exceed monthly mortgage payments, however, Denver’s…

  3. Colorado Homeowners Association Law

    Debunking the Myths of SB 177: Installment Number 1

    By Molly Foley-Healy

    A coalition of special interest groups, led by the Metro Mayors Caucus and Denver Chamber of Commerce, are behind the introduction of Senate Bill 15-177 (“SB 177”). While this bill was…

  4. Colorado Homeowners Association Law

    Stop the Construction Defect Legislative Insanity!

    By Molly Foley-Healy

    As anticipated, the 2015 edition of the construction defect bill has been introduced in the Colorado Senate.  Senate Bill 15-177 ("SB 177"), contains most of the unconscionable provisions of the 2014 bill -…

  5. Insurance Law Hawaii

    No Coverage For Construction Defect Under Illinois Law

    By Tred R. Eyerly

       The court followed precedent in Illinois and upheld the insurer's denial of coverage for construction defects that did not damage other property. Design Concrete Founds., Inc. v. Erie Ins. Prop.…

  6. Colorado Homeowners Association Law

    First Construction Defect Bill is a Whopper!

    By Molly Foley-Healy

    As predicted, the first construction defect bill of the session has been introduced in Colorado and it’s a real whopper! Senator Ray Scott (R-Mesa County) has introduced Senate Bill 15-091 (“SB…

  7. Insurance Law Hawaii

    Insurer Has Duty to Defend Additional Insured in Construction Defect Case

    By Tred R. Eyerly

       The court denied the insurer's motion for summary judgment, holding that the insurer had a duty to defend the additional insured against claims for construction defects. Centex Homes v. Lexington…

  8. Insurance Law Hawaii

    On Rehearing, Fifth Circuit Finds Contractual-Liability Exclusion Does Not Apply

    By Tred R. Eyerly

       On rehearing, the Fifth Circuit determined that the contractual-liability exclusion did not apply to bar coverage for damage caused by the insured contractor to the home it constructed. Crownover v.…

  9. PropertyProf Blog

    Super Expensive House Built on Wrong Lot

    By Steve Clowney

    Throw in some adverse possession and we'd have ourselves a law school exam:Six months after building a large custom house with an ocean view, Missouri residents Mark and Brenda Voss…

  10. Insurance Law Hawaii

    No Occurrence Found for Damage to Home Caused by Settling

    By Tred R. Eyerly

       The Nebraska Supreme Court found the insurer properly denied coverage to the general contractor for damage to a home caused by settlement. Cizek Homes, Inc. v. Columbia Nat. Ins. Co.,…