Topic
Construction Defect
638 published works
Construction & Transition Litigation Law Blog
Recovering Damages Under the Statute of Repose
Under the statute of repose, no action to recover damages for any deficiency in the design, planning, surveying, supervision or construction of an improvement to real property may be brought…
Construction & Transition Litigation Law Blog
How Transition Affects the Statute of Limitations Analysis
The novel nature of condominium ownership, specifically the transition process, affects the statute of limitations analysis. The Planned Real Estate Development Full Disclosure Act requires that the developer of a…
Land Use Law Blog
Arbitration Provision In A CC&Rs Applies To Condominium Association Construction Defects Claims Against Developer.
An arbitration provision that is contained in CC&Rs is enforceable against a plaintiff condominium association who sued the developer for construction defects, even though the association did not exist as…
Insurance Law Hawaii
Judge Kobayashi Determines No Coverage for Construction Defect Claim
Judge Kobayashi of the U.S. District Court, District of Hawaii, largely followed earlier precedent established by Judge Mollway in finding no coverage for construction defect claims. See Evanston v. Nagano,…
Insurance Law Hawaii
No Coverage for Counterclaim Alleging Construction Defects Pled as Breach of Contract
The Colorado Court of Appeals considered whether counterclaims against the insured for alleged faulty construction work were based in contract or constituted allegations of an "accident" under the policy. TCD,…
California Land Use & Development Law Report
Can a Developer Unilaterally Impose an Arbitration Clause on a Condo Homeowners Association?
The answer is yes, as long as the arbitration clause is not unreasonable, according to the California Supreme Court in Pinnacle Museum Tower Association v. Pinnacle Market Development (July 16,…
Supplemental Conditions
Construction Defect CLE
For Pennsylvania attorneys interested in the fast growing construction defect area of litigation or those just looking for last minute CLE credits, I am moderating and presenting a CLE for…
Insurance Law Hawaii
No Coverage for Construction Defects Under Alabama Law
The federal district court determined that under Alabama law, there was no coverage for breach of contract claims arising from alleged construction defects. Owners Ins. Co. v. Shep Jones…
New Jersey Law Blog
Lightening the Burden Imposed by the Statute of Repose
In a recent published opinion, State v. Perini Corporation, et al., the New Jersey Appellate Division addressed the ten-year Statute of Repose, N.J.S.A. 2A:14-1.1, which bars claims for damages for…
Insurance Law Hawaii
Federal District Court Continues to Find Construction Defects do Not Arise From An Occurrence
Coverage for construction defects continues to be hotly contested in Hawaii state and federal courts. In a recent decision, Judge Mollway felt bound to follow the Ninth Circuit's decision…