Topic
Construction Defect
638 published works
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…
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…
Insurance Law Hawaii
Group Builders Update – Ongoing Debate In Hawaii Over Coverage for Construction Defects
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…
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…
New Jersey Law Blog
Stark & Stark Construction Litigation Attorney Published in US1
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…
Insurance Law Hawaii
Subcontractor Exception to Your Work Exclusion Paves the Way for Coverage
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…
Insurance Law Hawaii
Federal Court Predicts Coverage In Nevada for Damage Caused by Faulty Workmanship
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…
Supplemental Conditions
Arbitrating Construction Defect Claims
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…
Colorado Homeowners Association Law
Construction Defect Bill Pulled from Senate Judiciary Committee Calendar
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…
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…