Topic
Construction Defect
638 published works
Construction & Transition Litigation Law Blog
Gehry – Construction Defects are Inevitable
World famous architect Frank Gehry, and his firm Gehry Partners is a defendant in a recent lawsuit brought by the Massachusetts Institute of Technology alleging design and construction defects in…
InsureReinsure
Texas Courts Rule That Coverage For Construction Defect Claims May Be Available Under A CGL Policy
The Fifth Circuit Court of Appeals recently ruled that Mid-Continent Casualty Company owes a duty to defend its insured, Lamar Homes Inc., against construction defect claims under its commercial general…
Construction & Transition Litigation Law Blog
Construction Defect Case Frequent Claim
A component product's failure to perform as represented by its manufacturer is a frequent claim in a construction defect cases. Often, defendants of such claims attempt to hide behind general…
Constructlaw®
New Jersey Court Holds Contract Clause Providing for Accrual of Statute of Limitations on Substantial Completion Cannot Be Circumvented By Application of Discovery Rule
By Constructlaw
Trinity Church v. Atkin 925 A.2d 720, 2007 N.J.Super.LEXIS195 (N,J, Super, App. Div., June 27, 2007) Contractual clauses providing for the date of accrual on construction projects are valid in…
Houston Litigation Blog
Victory for the Construction Industry
Pending for almost two years, the Texas Supreme Court has finally issued an opinion in Lamar Homes v. Mid-Continent Insurance. A copy of the opinion can be found here. This…
Constructlaw®
Vermont Court Reverses Award Of Consequential Damages To Owner In Construction Defect Case
By Constructlaw
EBWS, LLC v. Britly Corporation 2007 VT 37; 2007 Vt. LEXIS 69 (Vt. May 25, 2007) The Vermont Supreme Court held that the cost of an owner’s anticipated voluntary payments…
Construction & Transition Litigation Law Blog
To determine who is responsible for repair or replacement, read your documents
In an unpublished case addressing a peculiar repair, the Appellate Division recently reiterated one of the basics of common interest ownership: When in doubt, read your documents. Waldstein v. Highview…
New Jersey Law Blog
What Every Association Needs to Know About Port Liberte: Appellate Division Affirms the Right of Associations to Bring Consumer Fraud Claims
In a case of first impression, the New Jersey Appellate Division has determined that a condominium association has standing to sustain claims for both fraud and consumer fraud against third-party…
British Columbia Insurance Blog
“Leaky condo” defects are not property damage and do not create an entitlement to coverage for a general contractor
The Court dismissed the general contractor’s petition that the respondent Insurer had a duty to defend it in four underlying actions because the alleged damage was to the very building…
Construction & Transition Litigation Law Blog
Representations Made To Developers Deemed Also Made To Associations
The Appellate Division issued a decision today in PORT LIBERTE HOMEOWNERS ASSOCIATION, INC., et. al. v. SORDONI CONSTRUCTION COMPANY, et. al., which has be approved for publication.