Topic
Construction Defect
638 published works
Oregon Construction Law
Parties In Privity May Sue in Tort Over Construction Defects
By Marcus Eyth
Last month's Oregon Appellate Court decision clarifies that parties in privity with one another MAY sue in tort for construction defects. Previously, the law seemed relatively straight forward: Unless parties are in a "special…
Real Estate, Land Use & Environmental Law Blog
Procedural Requirements Of California’s “Fix It” Law Upheld
Standard Pacific Corporation v. Superior Court of San Bernardino (Garlow) (2009) ___ Cal. App. 4th ____ (Aug. 14, 2009, No. E046844) By James Pugh The Fourth District Court of Appeal…
Land Use Law Blog
Homeowners have the Burden of Proving Builder Failed to Comply with “Fix-it Law” Before Filing Construction Defects Action
By Glen C. Hansen Civil Code section 895 et seq. (i.e., the "Fix-it Law") establishes procedures and requirements with respect to construction defect cases involving homes and homeowners. Section 910…
Construction & Transition Litigation Law Blog
Chinese Drywall Found in Las Vegas
A recent report states that the Chinese drywall problem has moved west. Homeowners in Las Vegas have found instances of Chinese drywall in their homes, and have filed a class…
Insurance Law Hawaii
Exception to Insured Contract Does Not Apply in Construction Defect Case
In Century Surety Co. v. Hardscape Construction Specialties Inc., No. 06-10930 (5th Cir. Aug. 7, 2009) [here], the court considered whether the exclusion for assumed liability under a contract…
New Jersey Law Blog
New Home Warranty Program Fails to Deliver Results for Construction Defects… Again
A common interest community association in Wildwood, NJ has had a crash course in the failure of the New Jersey New Home Warranty Act to protect the rights of New…
Construction & Transition Litigation Law Blog
American Association for Justice Releases Time Line of Chinese Drywall Crisis
The American Association for Justice has released a timeline of key events in the Chinese drywall crisis. The timeline begins with the major hurricanes in 2004 and 2005, including Hurricane…
Ahead of Schedule
Statute of limitations: State entity trumps in Safeco Field case
By Adam Walters
On March 5 2009 the Supreme Court of Washington issued a 6-3 decision in WA State Major League Baseball Stadium Public Facilities District v. Huber, Hunt & Nichols-Kiewit Construction, No.…
Construction & Transition Litigation Law Blog
Stark & Stark Shareholder Presents Seminar on Transition, Building Defects and Alternative Dispute Resolution
Donald B. Brenner, Shareholder and Chair of Stark & Stark's Construction Litigation Group, presented materials related to minimizing acrimony and conflict while preserving an Association's rights with respect to construction…
Construction & Transition Litigation Law Blog
Are US Companies Selling Contaminated Chinese Manufactured Drywall Under Their Name?
Mr. Laguna theorizes that the Chinese Drywall problem may be related to the presence of a high sulfide mineral vein at the mine which produces the raw material that was…