Topic
Construction Defect
638 published works
Insurance Law Hawaii
Granting Stay, Federal Court Reviews Construction Defect Coverage in Hawaii
The federal district court ultimately stayed a construction defect case, but offered comments on the current status of coverage disputes for such defects in Hawaii. See National Union Fire Ins.…
Hawaii Construction Law
10th Circuit Anticipates Colorado Supreme Court Will Recognize CGL Coverage for Construction Defects
By Anna Oshiro
Adding to the growing number of courts that have rejected the logic that held sway in Hawaii’s Group Builders decision, the Tenth Circuit Court of Appeals recently predicted the Colorado…
Construction & Transition Litigation Law Blog
Why the Homeowner Warranty Program Remedy is no Remedy At All – Part 5
This blog is the second in a series of blogs discussing the New Jersey Home Warranty and Builders’ Registration Act. This blog will discuss important considerations for new homebuyers.
Construction & Transition Litigation Law Blog
Why the Homeowner Warranty Program Remedy is no Remedy At All – Part 4
This blog is the second in a series of blogs discussing the New Jersey Home Warranty and Builders’ Registration Act. This blog will discuss when the election of remedies provision…
Land Use Law Blog
Supreme Court To Decide If A Developer Can Compel Arbitration Of A Condominium Homeowners Association’s Construction Defect Claim Under The CC&R’s
The California Supreme Court will decide whether, in response to a construction defect action brought by a condominium homeowners association, the developer can compel binding arbitration of the litigation pursuant…
Construction & Transition Litigation Law Blog
Why the Homeowner Warranty Program Remedy is no Remedy At All – Part 3
This blog is the second in a series of blogs discussing the New Jersey Home Warranty and Builders’ Registration Act. This blog will provide an overview remedy preclusion under the…
Insurance Law Hawaii
Ensuing Loss Provision Does Not Salvage Coverage
Water intrusion caused by a contruction defect was not covered under the all risk policy's ensuing loss provision. See Friedberg v. Chubb & Son, Inc., 2011 U.S. Dist. LEXIS 123582 (D.…
Construction & Transition Litigation Law Blog
Why the Homeowner Warranty Program Remedy is no Remedy At All – Part 1
Since its inception, the New Jersey Home Warranty and Builders’ Registration Act (the “Act”), N.J.S.A. 46:3B-1 to -20, has proven to be more of trap for new homeowners than the…
Construction & Transition Litigation Law Blog
Statute of Repose: What constitutes an unsafe condition?
In complex construction defect cases, when defendants move for summary judgment based on the statute of repose, the trial court will necessarily have to determine whether or not the subject…
Insurance Law Hawaii
No Coverage For Damage Caused by Chinese Drywall
The pollution exclusion barred coverage for alleged property damage and bodily injury in Evanston Ins. Co. v. Harbor Walk Dev., LLC, No. 2:10cv312 (E.D. Va. Sept. 9, 2011) [Evanston…