Skip to main content

Topic

Construction Defect

638 published works

  1. Construction & Transition Litigation Law Blog

    Gehry – Construction Defects are Inevitable

    By Stark & Stark

    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…

  2. InsureReinsure

    Texas Courts Rule That Coverage For Construction Defect Claims May Be Available Under A CGL Policy

    By Troutman Pepper Locke

    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…

  3. Construction & Transition Litigation Law Blog

    Construction Defect Case Frequent Claim

    By Stark & Stark

    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…

  4. 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…

  5. Houston Litigation Blog

    Victory for the Construction Industry

    By Dwayne Newton

    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…

  6. 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…

  7. Construction & Transition Litigation Law Blog

    To determine who is responsible for repair or replacement, read your documents

    By Stark & Stark

    In an unpublished case addressing a peculiar repair, the Appellate Division recently reiterated one of the basics of common interest ownership: When in doubt, read your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…

  8. 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

    By Stark & Stark

    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…

  9. British Columbia Insurance Blog

    “Leaky condo” defects are not property damage and do not create an entitlement to coverage for a general contractor

    By Michael Thomas

    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…

  10. Construction & Transition Litigation Law Blog

    Representations Made To Developers Deemed Also Made To Associations

    By John Randy Sawyer

    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.