Topic
Construction Defect
638 published works
Rocky Mountain Real Estate Law
Appeal in Forest City Case Turns on Master Developer Liability for Implied Warranties to Homeowner
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…
New York Attorney Malpractice Blog
Professional Malpractice Claims Largely Dismissed in a Construction Negligence Case
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…
Insurance Law Hawaii
Contractor’s Agreement to Perform Does Not Preclude Coverage Under Contractual Liability Exclusion
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…
Ahead of Schedule
Multi-Family Sellers Beware: Don’t “Alienate” Your Project from Insurance Coverage for Construction Defects
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…
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.…
Insurance Law Hawaii
New Article On Construction Defect Coverage In Hawaii and Beyond
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…
Insurance Law Hawaii
Business Risk Exclusions Do Not Preclude Coverage
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.…
Insurance Law Hawaii
Hawaii Court Finds No Bad Faith, But Negligent Misrepresentation Claim Survives Summary Judgment in Construction Defect Action
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…
Insurance Law Hawaii
Hawaii Construction Defect Coverage Update
Here is the powerpoint presentation I made for the Insurance Coverage Litigation Section at the Hawaii State Bar Association on Friday, September 27, 2013.
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…