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Construction Defect

638 published works

  1. Real Estate, Land Use & Environmental Law Blog

    Principal Architects on Residential Projects Liable for Construction Defects Outside Their Control; Developers and Owners May Pay the Price

    By Sheppard Mullin

    Beacon Residential Community Assoc. v. Skidmore, Owings & Merrill, LLP (Cal. Supreme Court., 07/03/2014, S208173) On July 3, 2014, the California Supreme Court decided the much watched case Beacon Residential Community…

  2. Insurance Law Hawaii

    Construction Defects Are Not An Occurrence Under New York, New Jersey Law

    By Tred R. Eyerly

       The New York Supreme Court, Appellate Division, determined there was no coverage for construction defects under New York or New Jersey law. Nat'l Union Fire Ins. Co. of Pittsburgh, PA…

  3. Insurance Law Hawaii

    Allegations Confirm Duty to Defend Construction Defect Claims

    By Tred R. Eyerly

       Relying upon the same case cited by the Hawaii Supreme Court in its seminal decision on duty to defend, the federal district court determined the allegations sufficiently established a…

  4. Insurance Law Hawaii

    Occurrence Found, Business Risk Exclusions Do Not Bar Coverage for Construction Defects

    By Tred R. Eyerly

       The court determined that the supplier of cement for the construction of pools had coverage for alleged construction defects in the finished pools. Harleysville Worcester Ins. Co. v. Paramount…

  5. Colorado Homeowners Association Law

    Construction Defect Bill Dead for Session

    By Molly Foley-Healy

    Senate Bill 14-220 (“SB 220”) is dead for the session. Sponsored by Senator Jesse Ulibarri (D-Commerce City), who represents himself as an advocate for affordable housing, this bill was a molotov…

  6. Rocky Mountain Real Estate Law

    Colorado Legislature Considering Construction Defect Litigation Reform

    By Otten Johnson

    Senator Ulibarri’s Homeownership Opportunity Act (SB 14-220) was finally introduced Wednesday evening.   This much anticipated bill represents a moderate compromise with bipartisan support to address construction defect litigation in condominium…

  7. Colorado Homeowners Association Law

    Bill Introduced to Strip Homeowners of Ability to Recover for Construction Defects

    By Molly Foley-Healy

    With one week remaining in the 2014 legislative session, Senate Bill 14 – 220 (“SB 220”) was introduced yesterday evening in the Colorado Senate. While it may seem to some that…

  8. New Jersey Insurance Coverage Litigation

    Completed operations coverage for construction defects

    By Gene Killian

    When I was in grammar school, the class wise guy was a kid named Nicky DeLuca.  One day, we were in gym class, and the coach was trying to teach…

  9. Construction & Transition Litigation Law Blog

    Cracking the Paradox: Complying with the Statute of Limitations in Construction Defect Cases

    In early April, a Bergen County judge dismissed a construction defect complaint filed by a mammoth 40-story condominium complex known as the Palisades, located along the Hudson River in Fort…

  10. Insurance Law Hawaii

    Reversing Itself, Alabama Supreme Court Finds Construction Defect is An Occurrence

    By Tred R. Eyerly

       The Alabama Supreme Court withdrew is prior opinion and authored a new decision finding that construction defects are an "occurrence." Owners Ins. Co. v. Jim Carr Homebuilder, No. 1120764 (Ala.…