Topic
Construction Defect
638 published works
Infrastructure Law Blog
Subcontractor’s “I did what the general contractor told me to do” defense held not sufficient in residential construction defect case
When a homeowners sues a subcontractor for damage caused by the defective waterproofing work on retaining walls that the subcontractor installed, is it a complete answer for the subcontractor to…
Construction & Transition Litigation Law Blog
Kara Homes Bankruptcy
Kara Homes, one of the largest builders of condominiums and single-family homes in New Jersey, filed for protection from creditors under a Chapter 11 bankruptcy on October 6, 2006. Under…
Construction & Transition Litigation Law Blog
Case Study – Water Intrusion
Stark & Stark’s Construction Litigation Department settled the lawsuit on behalf of the ABC Condominium Association for a total recovery of $1,645,000.00. The recovery will be used by the Association…
Construction & Transition Litigation Law Blog
Importance of Triggering Insurance Coverage
It is important to stress that the success of a construction defect case depends on the plaintiff's claims triggering insurance coverage for the defendants. Generally, contractors take advantage of the…
Construction & Transition Litigation Law Blog
How Do I Know if I Have a Construction Defect Claim?
There are numerous factors that go into determining if a homeowner has a viable claim against a contractor, and ultimately every claim must be analyzed individually. No one situation is…
Houston Litigation Blog
Coverage for Construction Litigation
Pending before the Texas Supreme Court is an important case that could have serious implications for the construction industry. In Lamar Homes v. Mid-Continent Casualty Company, the Supreme Court has been…
Construction & Transition Litigation Law Blog
Judge Rules EIFS is Defective, Awards $2.5 Million to Plaintiff
Norfolk Circuit Court Judge Joseph A. Leafe has ruled that Dryvit's Outsulation is defective and awarded Plaintiffs $2.5 Million in Board of Directors of the Bay Point Condominium Association Inc.,…
Construction & Transition Litigation Law Blog
Improper Installation of Roofing Materials in Condominiums
The application of roofing materials over sheathing and framing is the subject of much litigation in New Jersey. In most cases, the subcontractors doing the application of the roofing materials…
New York Attorney Malpractice Blog
Couple wins $ 846,000 but is “ruined”
A couple has a house built, and the builder is negligent if not fraudulent in his work. Litigation, three attorneys, legal malpractice against one of them, and a verdict for…
New Jersey Law Blog
Protecting Construction Defect Evidence is Responsibility of Common Interest Community Association Boards
New condominiums and homeowner associations often suffer the effects of construction defects on common elements. In these instances, Boards have the dual responsibilities of immediately correcting construction defects that pose…