Topic
Construction Defect
638 published works
Construction & Transition Litigation Law Blog
Homes Initially Thought to Be Chinese Drywall Free, Now Not Able To Guarantee Safety
Homeowner warranties and insurance policies may be of no help to homeowners who have Chinese Drywall due to exclusions in the policies. New Orleans, Louisiana residents, who were initially informed…
Construction & Transition Litigation Law Blog
Chinese Drywall Class Action Suit May Not Help Homeowners For Years If Ever
It is obvious that homeowners and condominium associations are following the recently filed lawsuits alleging class action claims against the manufacturers and distributors of Chinese Drywall. The main question that…
New Jersey Law Blog
Court Permits Construction Defect Litigation Suit to Continue Against Subcontractor
The New Jersey Superior Court recently found that under New Jersey law, when used properly, the fictitious party practice allows a plaintiff to join a specific subcontractor more than 10…
Florida Insurance Blog
Suit Filed on Behalf of General Contractor for “Resulting Damage” from Subcontractor’s Negligent Work
By Mark Nation
This week I was retained by a general contractor who subcontracted out roofing work on a large construction project. The Sub negligently installed the roof, which resulted in significant water…
Construction & Transition Litigation Law Blog
Fourth and Fifth Circuits Reign in “Business Risk” Doctrine: Rulings in Favor of Coverage Under General Contractors’ CGL Insurance Policies Add Clarity, Signal Return to “Plain Language”
The "business risk" doctrine has become a fixture of insurance coverage law, with profound implications for insured contractors and plaintiff property owners involved in construction-defect litigation. Concisely stated, the doctrine…
New Jersey Law Blog
Common Interest Community Association can Prosecute Construction Defect Claims Against Contractor for Damage to Unit Owner Property
The New Jersey Superior Court recently found that a condominium association that hired a contractor to install a window wall system on the 15th floor of the high-rise building can…
Legal Profession Blog
No Less A Sanction
An attorney was disbarred by the New Hampshire Supreme Court for misconduct committed in conjunction with another now-disbarred lawyer. The two attorneys had initiated two actions on behalf of the…
Ontario Condo Law Blog
Gehry on Construction Deficiencies
The newly-transformed Art Gallery of Ontario opens its doors this weekend. The Globe and Mail reports that the final ($276 million) product has met with the approval of its designer…
Construction & Transition Litigation Law Blog
Nevada Supreme Court Denies Builder’s Request in “Stucco Case”
Last Thursday the Nevada Supreme Court denied attempts from Del Webb (a national builder of active adult communities) and their contractors seeking to limit the number of homeowners within a…
British Columbia Insurance Blog
Economic losses arising from an insured’s defective or poor workmanship may not entitle the insured to coverage under a CGL.
The Court held that ING did not owe a duty to defend Roadway Construction Ltd. ("Roadway") with respect to defects and deficiencies in a man-made lake as the underlying action…