Topic
Construction Defect
638 published works
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
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…
Insurance Law Hawaii
Construction Defects Are Not An Occurrence Under New York, New Jersey Law
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…
Insurance Law Hawaii
Allegations Confirm Duty to Defend Construction Defect Claims
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…
Insurance Law Hawaii
Occurrence Found, Business Risk Exclusions Do Not Bar Coverage for Construction Defects
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…
Colorado Homeowners Association Law
Construction Defect Bill Dead for Session
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…
Rocky Mountain Real Estate Law
Colorado Legislature Considering Construction Defect Litigation Reform
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…
Colorado Homeowners Association Law
Bill Introduced to Strip Homeowners of Ability to Recover for Construction Defects
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…
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…
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…
Insurance Law Hawaii
Reversing Itself, Alabama Supreme Court Finds Construction Defect is An Occurrence
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.…