Topic
Construction Defect
638 published works
Construction & Transition Litigation Law Blog
Federal Court in Texas Court Finds a Duty to Defend Construction Defect Claims based on Diminution in Value
A federal district court in Houston, interpreting Texas law, found that an insurance company had a duty to defend its insured, a manufactured home builder, against claims brought by a…
Construction & Transition Litigation Law Blog
UCIOA – A Wolf in Sheeps’s Clothing – Part 13
This is part 13 of Randy Sawyer's 16 Part series on UCIOA. You can read previous posts here. Section 88, subsection (d) §88(d) - Within 120 days after the association's…
Construction & Transition Litigation Law Blog
UCIOA – A Wolf in Sheeps’s Clothing – Part 12
This is part 12 of Randy Sawyer's 16 Part series on UCIOA. You can read previous posts here. Section 88, subsection (b) 88(b) - If the committee authorized in subsection…
Construction & Transition Litigation Law Blog
Oregon Appellate Court Rejects Economic Loss Doctrine in Two Construction Cases
the Economic Loss Doctrine is often trotted out by defendants in Construction Defect cases as a way of avoiding responsibility for their actions. The rule is used differently in different…
British Columbia Insurance Blog
Owners and developers are entitled to insurance coverage under a wrap up policy
An Insurer has a duty to defend owners and developers sued by strata corporations for defective workmanship and resultant damage under a wrap-up insurance policy. The Court found that the…
Construction & Transition Litigation Law Blog
UCIOA – A Wolf in Sheeps’s Clothing – Part 9
This is part 9 of Randy Sawyer's 16 Part series on UCIOA. You can read previous posts here. Section 87, subsection (i) '87(i) - The executive board shall, at least…
Real Estate, Land Use & Environmental Law Blog
Federal Arbitration Act Preempts Contrary California Law and Prevents Purchaser of Real Property from Bringing an Action in Court for Construction and Design Defects
Shepard v. Edward Mackay Enterprises, Inc., et al., --- Cal. Rptr. 3d ---, No. C052564, 2007 WL 853456 (Cal. Ct. App. Mar. 22, 2007) While Section 1298.7 of the California…
Construction Law
“Completed and Accepted” Rule Does Not Excuse Architect, General Contractor and Heating Contractor from Liability
By K&L Gates
Totten v. Gruzen, 245 A.2d 1, 52 N.J. 202 (1968) In this case, the Supreme Court of New Jersey held that the “completed and accepted” rule does not render defendants…
Construction & Transition Litigation Law Blog
Financial Implications of Construction Law: Insurance
Plaintiff's are especially concerned about laying out enormous sums for legal and expert fees and costs, with no idea where the money is going to come from to pay their…
Construction & Transition Litigation Law Blog
Spoliation of Evidence – Leveling the Playing Field
If you are planning to sue to recover damages relating to construction defects, don't destroy the evidence of the defects before the defendants have had a reasonable opportunity to inspect…