Topic
Construction Defect
638 published works
ContractsProf Blog
Insurance Coverage for Construction Defects
On any given construction project, there are many different insurance policies. There may be builder's risk insurance, surety bonds, and commercial general liability insurance. So who's liable when the claim…
Land Use Law Blog
Exception to 10-Year Statute of Limitations Rule for Construction Defect Litigation
by Elias E. Guzman In Acosta v. Glenfed Development Corp. (2005) 128 Cal.App.4th 1278, the court of appeal recently held that a developer/general contractor can be liable long after the…
British Columbia Insurance Blog
Swagger Construction Ltd. v. ING Insurance Co. of Canada [2005] B.C.J. No. 1964 British Columbia Supreme Court
The Chambers Judge found that the liability insurers of a general contractor were not required to provide a defence against claims for the cost of repairing work damaged by the…
Colorado Homeowners Association Law
HOMEOWNER ASSOCIATIONS WIN STANDING AND RIGHT TO SUE SUBCONTRACTORS
In a recent decision, the Colorado Supreme Court has affirmed the authority of Associations to seek damages from subcontractors for defective construction. The HOA filed a lawsuit against the developer,…
Colorado Homeowners Association Law
Litigation/Construction/Review of Governing Documents
In consideration of filing a construction defect or similar lawsuit, the importance of reviewing governing documents as well as the underlying construction documents and reports is of the utmost nature…
New Jersey Law Blog
New Jersey Supreme Court Empowers Municipalities to Pursue Construction Defect Claims in New Construction
Reversing a previously issued lower court ruling, New Jersey's Supreme Court unanimously ruled that municipalities are empowered to enforce New Jersey's Uniform Construction Code against builders, developers and contractors guilty…
British Columbia Insurance Blog
Rotating Equipment Services Inc. v. Continental Insurance Co. [2004] A.J. No. 1340 Alberta Court of Queen’s Bench
A subcontractor in a power plant construction project, Rotating Equipment Services Inc. ("RES"), was successful in obtaining an order that Continental Insurance Co. ("Continental") was obliged, under a wrap-up policy,…
Constructlaw®
Utah Supreme Court considers non-contractual liability of contractors for damages resulting from defective work
By Constructlaw
Interwest Construction v. A.H. Palmer & Sons, 292 Utah Adv. Rep. 27, 1996 Utah LEXIS 44 (Utah June 14, 1996) The Supreme Court of Utah held that the intermediate court…