Topic
Construction Defect
638 published works
Green Building Law Update
LEED Building Vacated Due to Structural Issues
Construction defects often take a long time to develop. Take, for example, the Courthouse Square building in Salem, Oregon, which is used for county offices and retail stores. It was…
Policyholder Perspective
CGL Defense Coverage for Construction Defect Pre-Litigation
In a recent case out of the Fourth Appellate District of the California Court of Appeal, Clarendon America Ins. Co. v. Starnet Ins. Co., the Court held that an insurer’s…
Louisiana Law Blog
Louisiana Courts Rule on New Home Warranty Act and Dismiss Chinese Drywall Claims Against Contractors
By Kean Miller
Judges in East Baton Rouge and St. Tammany Parish have issued two of the earliest rulings on the impact of the Louisiana New Home Warranty Act on claims by homeowners…
Real Estate, Land Use & Environmental Law Blog
Homeowner Associations and Members Not Necessarily Bound By Arbitration Provisions in CC&Rs or in Related Purchase Agreement Where Developer is Initial Declarant
Pinnacle Museum Tower Association v. Pinnacle Market Development (US) LLC, No. D055422 (4th Dist. July 30, 2010) By Michael Wilmar and Aaron Kleven Homeowners and homeowner associations are not necessarily…
Insurance Law Hawaii
Insurer Must Indemnify When Water Damage Manifests During Policy Period
The insurer defended the underlying construction defect case under a reservation of rights, but moved for summary judgment in the coverage action on its duty to indemnify. Mid-Continent Caus. Co.…
New Jersey Law Blog
Stark & Stark Obtains $1,200,000 Settlement in Condominium Construction Defect Litigation Case Including Mold, Window and Roof Defects
A common interest community located in Bergen County, New Jersey has accepted a total settlement of $1.2 million for various transition-related construction defects. Thomas J. Pryor of Stark & Stark…
Insurance Law Hawaii
Colorado Court Asked Whether Construction Defect is an Occurrence?
As we noted in a prior post, the Hawaii Intermediate Court of Appeals recently decided that construction defects do not constitute an occurrence under a CGL policy. Citing the…
Pennsylvania Law Monitor
When Can A Homeowner Sue for Construction or Design Defects?
Homeowners often ask what legal remedies exist against builders, design professionals, and other parties for defects in design or construction of their homes. Often times, however, the defect is not…
Construction & Transition Litigation Law Blog
Louisiana Judge States Policy Exclusions Used to Deny Chinese Drywall Insurance Clams Don’t Apply
Lloyd Medley, chief judge of Orleans Parish Civil District Court, stated that the policy exclusions that insurers have commonly been using to deny claims for drywall damage don't apply. Medley…
Insurance Law Hawaii
Subcontrator’s Construction Defect Is An Occurrence
Coverage under a CGL policy for the subcontractor's construction defects was at issue in Architex Assoc., Inc. v. Scottsdale Ins. Co., No. 2008-CA-01353-SCT, 2010 Miss. LEXIS 71 (Miss. Feb.…