Topic
Construction Defect
638 published works
Construction & Transition Litigation Law Blog
Chinese Drywall – The Problem
It is believed that the defective drywall was imported from china from 2004 – 2007. Homeowners in 41 states suspect they have Chinese drywall. Since 2006 more than 550 million…
Oregon Construction Law
No Discovery Rule For Construction Defect Claims
By Marcus Eyth
Much to the delight of original builders and/or building owners (and the chagrin of some subsequent ones), the discovery rule is not recognized in Oregon in breach of contract cases involving…
Ahead of Schedule
Oregon House Bill 2434 Threatens to Cut Off Large Commercial and High Rise Residential Defect Claims
All large commercial property owners and developers should be aware of a substantial risk that Oregon’s statute of repose for construction and design defect claims may be shortened from 10…
Ahead of Schedule
Chinese Drywall Defects a Growing Concern
By Sean Gay
Since we first blogged about Chinese drywall, homeowners in at least 19 states, including Washington and California, have reported problems associated with defective drywall. Late last year, U.S. Consumer Product…
Construction & Transition Litigation Law Blog
Chinese Drywall in Virginia
An article I recently found online discusses the battle a Virginia woman has fought after discovering the home she lived in for the past three years was built with defective…
Washington Construction Law Blog
Condo Defect Claim Dismissed on Causation Grounds
By John Parnass
A fitting way to end the week...the latest dispatch from the Great Condo Wars: Division 1's recent opinion in Ballard Residential v. Pacific Rim Framing establishes: Defect Causation: The condo used prefabricated Tyvek…
Insurance Law Hawaii
Construction Defects “Expected and Intended” Despite Insured’s Claim of Ignorance
Whether the insured had sufficient knowledge of a construction defect to justify the insurer's denial of coverage was the issue in Far Northwest Dev. Co., LLC v. Cmty. Ass'n of Underwriters of Am.,…
Ahead of Schedule
Recent Oregon Court of Appeals Case Resolves Statute of Limitations Issues in Construction Defect Cases
By Kip Childs
The Oregon Court of Appeals recently issued a ruling in the case of Waxman v. Waxman & Assoc., Inc. that resolves two significant issues regarding the statute of limitations in…
Policyholder Perspective
“That Particular Part” Shouldn’t Be That Confusing
By David Smith
Construction defect coverage litigation has been declining over the years. The building booms of the late 80s and 90s resulted in a boom of construction defect litigation too. Coinciding nicely…
New Jersey Law Blog
Statute of Repose Once Again Clarified by the New Jersey Appellate Division
The New Jersey Appellate Division recently decided the matter of McGinty v. K. Hovnanian at Somerset, A-6100-07 (March 17, 2009), in which the Plaintiffs argued that a leak caused by…