Topic
Construction Defect
638 published works
Ahead of Schedule
Sophisticated Parties? You May Shorten Both the Start and Length of the Statute of Limitations in CA Commercial Construction Contracts
By Tamara Boeck
Can parties waive both the commencement and length of the statutory limitation periods for construction defect actions? Yes, answered the Fourth Appellate District, by allowing the parties to contractually preclude…
Insurance Law Hawaii
Business Risk Exclusions Bar Coverage for Construction Defect Claims
The federal district court assumed there was "property damage" caused by an "occurrence," but found the business risk exclusions barred coverage for construction defect claims. Hubbell v. Carney Bros. Constr.,…
Infrastructure Law Blog
Bay Bridge Construction: Don’t Put Your Party Dress On Just Yet . . .
The Labor Day Bay Bridge celebration for the opening of the eastern span may be postponed. In the last few weeks, concern about issues with the Self Anchored Suspension Span…
Insurance Law Hawaii
Greystone on Remand Denies Insurer’s Motion for Summary Judgment To Bar Coverage For Construction Defects
A prior post here discussed the Tenth Circuit's decision in Greystone Constr., Inc. v. National Union Fire & Marine Ins. Co., 661 F. 3d 1272 (10th Cir. 2011). The court found a…
Other
Group Builders’ Presentation
Today, I spoke with the HSBA Litigation section about construction defect coverage in Hawaii and the Group Builders' cases. Thank you to all who attended and participated in the…
Insurance Law Hawaii
Upcoming Presentation on Group Builders, Coverage for Construction Defects Update
Robert Thomas, my blogging colleague at Damon Key, has posted about his presentation Monday, May 20, 2013, to the Hawaii State Bar Association's Appellate Section. Robert will be speaking…
Rocky Mountain Real Estate Law
Lawmakers Kill Lawsuit Limits on Condo Defects
A proposed bill attempting to limit construction defects claims in transit-oriented developments died last week in the Colorado Senate Judiciary Committee by a vote of 2-3. The proposed Senate Bill…
Insurance Law Hawaii
Hawaii Appellate Court Finds Duty to Defend Group Builders Case
On May 19, 2010, the Hawaii Intermediate Court of Appeals determined construction defect claims did not constitute an occurrence under a CGL policy. Group Builders, Inc. v. Admiral Ins.…
Hawaii Construction Law
Second Half of the Group Builders Decision Issued Today: Duty to Defend Upheld, but On Grounds Consistent with First Group Builders’ Finding of No “Occurrence”
By Anna Oshiro
The ICA issued its decision on the duty to defend portion of the pending Group Builders appeal. Bottom line on the crucial issue of whether the ICA would revisit or reexamine…
Hawaii Construction Law
Nevada Supreme Court Determines Parties Can Contract to Shorten Statute of Limitations for Construction Defect Warranty Claims
By Anna Oshiro
In Holcomb Condo. Homeowners' Ass'n v. Venture, 2013 Nev. LEXIS 24 (April 14, 2013), available here, the court considered the effect of an arbitration agreement made part of the purchase…