Skip to main content

Topic

Construction Defect

638 published works

  1. Hawaii Construction Law

    North Dakota Joins Jurisdictions Holding Inadvertent Construction Defects can Constitute an “Occurrence” and Trigger Coverage

    By Anna Oshiro

    I will leave this to Tred to expound upon at insurance law blog but wanted to note a new case from North Dakota, K & L Homes v. Am. Family…

  2. Hawaii Construction Law

    Spoliation of Evidence case from Texas Court of Appeals

    By Anna Oshiro

    In Miner Dederick Constr. v. Gulf Chem. & Metallurgical Corp.,  2013 Tex. App. LEXIS 4589 (April 11, 2013), the Texas Court of Appeals was asked to review a trial court's…

  3. Insurance Law Hawaii

    Group Builders Update – Ongoing Debate In Hawaii Over Coverage for Construction Defects

    By Tred R. Eyerly

      Our law firm's quarterly publication, Legal Alert, includes my article updating the evolving debate in Hawaii over coverage for construction defects.  The latest edition of Legal Alert and my…

  4. Hawaii Construction Law

    Ohio Ct. Appeals Addresses Design Liability and Measure of Damages for Construction Claims

    By Anna Oshiro

    In B&B Contrs. & Developers, Inc. v. Olsavsky Jaminet Architects, Inc.,  984 N.E.2d 419 (Ohio Ct. App. 2012), available here, the Ohio Court of Appeals affirmed in part and reversed…

  5. New Jersey Law Blog

    Stark & Stark Construction Litigation Attorney Published in US1

    By Stark & Stark

    Gene Markin, attorney in Stark & Stark's Construction Litigation Group, authored the article, Construction Officials & Municipalities: Immune from Liability for Construction Defects?, published on March 27, 2013 in US1…

  6. Insurance Law Hawaii

    Subcontractor Exception to Your Work Exclusion Paves the Way for Coverage

    By Tred R. Eyerly

       In a brief opinion, the Second Circuit vacated the district court's denial of coverage for construction defects. Scottsdale Ins. Co. v. R.I. Pools Inc., 2013 U.S. App. LEXIS 5680…

  7. Insurance Law Hawaii

    Federal Court Predicts Coverage In Nevada for Damage Caused by Faulty Workmanship

    By Tred R. Eyerly

       Methodically analyzing the damage claims, the federal district court largely denied the insurers' motions for summary judgment for coverage of construction defect claims. Big-D Constr. Corp. v. Take It…

  8. Supplemental Conditions

    Arbitrating Construction Defect Claims

    By Wally Zimolong

    The headline of a recent article on Lexology grabbed my attention:  "How to Guarantee the HOA Can't Litigate the Condo Construction Defect Claims."  The authors' means to preventing litigation of…

  9. Colorado Homeowners Association Law

    Construction Defect Bill Pulled from Senate Judiciary Committee Calendar

    By Molly Foley-Healy

    Senate Bill 13-052 ("SB 52"), the bill introduced by Senator Mark Scheffel to address construction defects in "transit-oriented developments," was scheduled to be heard before the Senate Judiciary Committee today.  As…

  10. From the Ground Up

    Contractors Strike Out: Washington State Major League Baseball PFD v. Huber, Hunt & Nichols-Kiewit Construction (PFD II)

    By Brian Esler

    In a unanimous decision, the Washington Supreme Court held last week that an owner's lawsuit against its general contractor (GC) was timely filed because the parties had agreed in their…