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Construction Defect

638 published works

  1. 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…

  2. 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…

  3. Land Use Law Blog

    Arbitration Provision In A CC&Rs Applies To Condominium Association Construction Defects Claims Against Developer.

    By Abbott & Kindermann, Inc.

    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…

  4. Insurance Law Hawaii

    Judge Kobayashi Determines No Coverage for Construction Defect Claim

    By Tred R. Eyerly

       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,…

  5. Insurance Law Hawaii

    No Coverage for Counterclaim Alleging Construction Defects Pled as Breach of Contract

    By Tred R. Eyerly

       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,…

  6. California Land Use & Development Law Report

    Can a Developer Unilaterally Impose an Arbitration Clause on a Condo Homeowners Association?

    By Louise Adamson

    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,…

  7. Supplemental Conditions

    Construction Defect CLE

    By Wally Zimolong

    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…

  8. Insurance Law Hawaii

    No Coverage for Construction Defects Under Alabama Law

    By Tred R. Eyerly

       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…

  9. 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…

  10. Insurance Law Hawaii

    Federal District Court Continues to Find Construction Defects do Not Arise From An Occurrence

    By Tred R. Eyerly

       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…