Topic
Construction Defect
638 published works
Construction & Transition Litigation Law Blog
<em>Community Association Transition Litigation: “Who ya gonna call?”</em>
It’s no secret that litigation can be a costly and stressful process, and this can be particularly so for community associations finding themselves facing transition litigation following the transfer of…
The Legal Scoop on Southwest Florida Real Estate
Florida’s New Legislation Provides More Protection for Contractors and Design Professionals
On April 13, 2023, Florida Governor Ron DeSantis signed into law SB 360, a bill to make significant changes to the state's construction defect claims process. The new law, which…
Florida Construction Legal Updates
FLORIDA’S STATUTE OF LIMITATIONS / REPOSE FOR ACTIONS FOUNDED ON CONSTRUCTION IMPROVEMENT MODIFIED
On April 13, 2023, Florida’s all-important four-year statute of limitations–Florida Statute s. 95.11(3)(c)–relating to actions founded on construction of an improvement of real property was modified. This is a key…
Construction & Transition Litigation Law Blog
Pre COVID-19 Construction Cost Estimates Are Likely Outdated
By Andrew Podolski, Stark & Stark
In New Jersey (and virtually all other states), construction defect cases for common interest community associations are heavily reliant on expert witnesses. Even if a building system is obviously defective --…
BuildSmart
California Appeals Court Says No Duty to Defend Where Policy Exclusion Applies
By Alex Purvis, Emily M. Ruzic, Amandeep S. Kahlon
In Ali Heidari v. Golden Bear Insurance, a California appeals court recently affirmed a lower court’s decision to deny relief under a CGL policy, where the policy excluded from coverage work…
BuildSmart
It’s a Family Affair: SCOTX Compels Non-Signatory Minor Children to Arbitrate Their Construction Defect Claims with Signatory Parents
By Ian P. Faria, Sydney M. Warren
A novel question arose over the past few years in residential construction law as to whether minors were subject to the contractual provisions in their parents’ purchase or construction contract.…
Florida Construction Legal Updates
ECONOMIC WASTE DOCTRINE AND CONSTRUCTION DEFECTS / NONCONFORMING WORK
I recently did a presentation on the economic waste doctrine. It is an applicable doctrine dealing with construction defects and nonconforming work. When it comes to construction defects and nonconforming…
Lancaster Law Blog
Construction Defect: Why You Can’t Sue Your Builder’s Insurance Company
As a litigation attorney, I meet with many clients seeking advice because their new home construction or renovation project was done poorly. Whether these homeowners are dealing with big or…
Ahead of Schedule
Washington Supreme Court Ruling Could Bring Changes to the Construction Industry
By Evan Brown, Karl Oles
Originally published by the Seattle Daily Journal of Commerce on November 3, 2022. In a 5-4 decision, the Washington Supreme Court recently ruled in Tadych v. Noble Ridge Construction, Inc. that a…
California Construction Law Blog
A Trivial Case
By Garret Murai
Construction defect cases leading to physical injury are rarely trivial, at least in the eyes of the injured party, but alas sometimes they are as the…