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Construction Defect

638 published works

  1. Rocky Mountain Real Estate Law

    Appeal in Forest City Case Turns on Master Developer Liability for Implied Warranties to Homeowner

    By Alix W. LaSalle

    Last November, Otten Johnson sent out a client alert stemming from a jury verdict in Rogers v. Forest City Stapleton, Inc. and FC Stapleton II, where a Colorado homeowner won…

  2. New York Attorney Malpractice Blog

    Professional Malpractice Claims Largely Dismissed in a Construction Negligence Case

    By Andrew Lavoott Bluestone

    Condominiums and co-ops occupy the greatest portion of  New Yorker's real estate world.  Many believe that new construction is the jewel of that grouping, and will purchase a unit well…

  3. Insurance Law Hawaii

    Contractor’s Agreement to Perform Does Not Preclude Coverage Under Contractual Liability Exclusion

    By Tred R. Eyerly

       In a much anticipated decision, the Texas Supreme Court ruled that a general contractor who agrees to perform its work in a good and workmanlike manner does not "assume…

  4. Ahead of Schedule

    Multi-Family Sellers Beware: Don’t “Alienate” Your Project from Insurance Coverage for Construction Defects

    By Eric Grasberger

    The apartment business is booming right now. Unfortunately, construction defects persist as well, particularly in garden-style and wood-framed construction. Most developers are savvy enough to maintain a good insurance program, but many…

  5. Ahead of Schedule

    Bah Humbug: California Supreme Court Won’t Hear Dispute Arising From Overbroad SB800 Decision

    By Tamara Boeck

    You may have recently heard that on December 11, 2013, the California Supreme Court denied the builder’s Petition for Review of the published decision in Liberty Mutual Insurance Co. v.…

  6. Insurance Law Hawaii

    New Article On Construction Defect Coverage In Hawaii and Beyond

    By Tred R. Eyerly

      Here is a link to my recent article in the ABA Insurance Coverage Litigation Committee's Coverage Journal, September-October 2013, entitled, "Construction Defect Coverage in Hawaii - A Window to the…

  7. Insurance Law Hawaii

    Business Risk Exclusions Do Not Preclude Coverage

    By Tred R. Eyerly

       The court rejected the insurer's arguments that the business risk exclusions barred coverage for a contractor. Gen. Cas. Co. of Wisconsin v. Five Star Bldg. Corp., 2013 U.S. Dist.…

  8. Insurance Law Hawaii

    Hawaii Court Finds No Bad Faith, But Negligent Misrepresentation Claim Survives Summary Judgment in Construction Defect Action

    By Tred R. Eyerly

       Judge Mollway, U.S. District Court Judge for the District of Hawaii, found the insurer was not in bad faith for allegedly leading its insured to believe that construction defects…

  9. Insurance Law Hawaii

    Hawaii Construction Defect Coverage Update

    By Tred R. Eyerly

       Here is the powerpoint presentation I made for the Insurance Coverage Litigation Section at the Hawaii State Bar Association on Friday, September 27, 2013. 

  10. Construction & Transition Litigation Law Blog

    Class Recourse for Individual Home Owners Suffering from Construction Defects

    Until now, owners of single-family homes were left to their own devices and resources in seeking redress for construction defects. Class suits were thought to be unavailable to homeowners despite…