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Construction Defect

638 published works

  1. Green Building Law Update

    LEED Building Vacated Due to Structural Issues

    By Chris Cheatham

    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…

  2. Policyholder Perspective

    CGL Defense Coverage for Construction Defect Pre-Litigation

    By Amber Chrystal

    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…

  3. 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…

  4. 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

    By Sheppard Mullin

    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…

  5. Insurance Law Hawaii

    Insurer Must Indemnify When Water Damage Manifests During Policy Period

    By Tred R. Eyerly

       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.…

  6. New Jersey Law Blog

    Stark & Stark Obtains $1,200,000 Settlement in Condominium Construction Defect Litigation Case Including Mold, Window and Roof Defects

    By Stark & Stark

    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…

  7. Insurance Law Hawaii

    Colorado Court Asked Whether Construction Defect is an Occurrence?

    By Tred R. Eyerly

       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…

  8. Pennsylvania Law Monitor

    When Can A Homeowner Sue for Construction or Design Defects?

    By Stark & Stark

    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…

  9. Construction & Transition Litigation Law Blog

    Louisiana Judge States Policy Exclusions Used to Deny Chinese Drywall Insurance Clams Don’t Apply

    By Donald B. Brenner

    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…

  10. Insurance Law Hawaii

    Subcontrator’s Construction Defect Is An Occurrence

    By Tred R. Eyerly

       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.…