Topic
Construction Defect
638 published works
Colorado Construction Litigation
New Law, Old Risks: Why Colorado’s H.B. 25-1272 May Backfire on Builders
By David McLain
On May 9, 2025, Governor Jared Polis signed House Bill 25-1272, known as the “Colorado American Dream Act,” into law. The legislation, which takes effect January 1, 2026, aims to…
Insurance Law Hawaii
Absent Separate Covered Peril, Ensuing Loss is Not Applicable
The Eighth Circuit affirmed the district's granting of summary judgment to the insurer, finding that the exclusion for faulty workmanship was applicable despite the ensuing loss provision. Bob…
BuildSmart
Statutes of Repose: Protecting the Pantheon’s Builders After Nearly 2,000 Years
Even though construction cases often involve colorful facts, legal opinions are often quite boring. When a judge writes a colorful opinion about an otherwise boring case, we tip our hat. This…
New York Injury Cases Blog
Damages Awards Affirmed in Case of Ceiling Collapse Causing Multiple Injuries
On December 18, 2014, Audrey Buckham was injured in her Brooklyn apartment when the ceiling in her bathroom collapsed on her while she was in the shower striking her and…
Insurance Law Hawaii
Insurer Must Defend Portions of Claim Arising from Alleged Faulty Workmanship
The federal district court found that the insurer must defend portions of the underlying case based upon alleged faulty workmanship. Motorist Commercial Mutual Ins. Co. v. Ellison Distributing Inc.,…
Insurance Law Hawaii
No Coverage for Faulty Installation of Windows
The federal district t court granted summary judgment to the insurer, agreeing there was no "occurrence" nor "property damage" resulting from the faulty installation of windows. Employers Mut.…
Colorado Construction Litigation
The “Colorado American Dream Act:” H.B. 25-1272’s Construction Defect Reforms
By David McLain
On March 28, 2025, the Colorado House passed House Bill 25-1272 on second reading with floor amendments. The bill — titled the “Colorado American Dream Act” — seeks to address…
Colorado Construction Litigation
Navigating Construction Defect Claims and Statutes of Limitation: Key Lessons from Stoecklein v. Fayette Farms
By David McLain
In the recent Colorado Court of Appeals decision Stoecklein v. Fayette Farms, LLC (2024 WL 5098330), the Court addressed critical issues surrounding construction defect claims, statutes of limitations, and the…
Colorado Construction Litigation
Colorado House Bill 25-1261 Will Skyrocket Housing Costs — Here’s Why You Should Oppose It
By David McLain
Colorado lawmakers have introduced House Bill 25-1261, a measure that, while ostensibly aimed at protecting homeowners from construction defects, will ultimately drive up the cost of housing, particularly for affordable…
Florida Construction Legal Updates
MAKE SURE YOU COMPLY WITH FLORIDA’S PRE-SUIT NOTICE REQUIREMENTS FOR CONSTRUCTION DEFECTS
Welcome to Florida! If you deal with construction defects in Florida, then you know, or certainly should know, about Florida Statutes Chapter 558. Chapter 558 contains the pre-suit notice requirements…