Joseph Fenech

Joseph Fenech

Low, Ball & Lynch

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Latest Publications


Conclusory Allegations Held Insufficient to Support Declaratory Relief on Right to Independent Counsel or Allocation of Defense...

Centex Homes v. St. Paul Fire & Marine Ins. Co., et al. - Court of Appeal, Fourth Appellate District (May 22, 2015) - In Centex Homes v. St. Paul Fire & Marine Ins. Co. (No. E060057, filed 5/22/15), a California...more

7/3/2015 - Appeals Construction Defects Contractors Declaratory Relief Insurance Litigation Subcontractors Travelers Property Casualty Co.

Construction Defects – Settlement Agreement Bars a Later Suit for Latent Defects

David Belasco v. Gary Loren Wells, et al. - Court of Appeal, Second Appellate District (February 17, 2015) - In 2004, David Belasco (“Belasco”) bought a home from general contractor/builder Gary Wells (“Wells”)....more

5/5/2015 - Appeals Arbitration Construction Defects Construction Industry Contract Drafting General Contractors Settlement Agreements

Construction Defects – Right to Jury Trial on Factual Issues Necessary to Determine Whether a Construction Defect Cause of Action...

Stofer v. Shapell Industries, Inc. - Court Of Appeal, First Appellate District (January 15, 2015) - During the lifetime of a home, it may have many owners. This case considered a subsequent purchaser’s ability...more

2/3/2015 - Appeals Construction Contracts Construction Defects Construction Industry Contractors General Contractors Property Owners Real Estate Development Strict Liability

Architects and Design Professionals Can Be Held Liable for Defects Based On Third Party Claims

A homeowners association, on behalf of its members, sued a condominium developer and various other parties for construction design defects that allegedly made their homes unsafe and uninhabitable for a significant portion of...more

8/19/2014 - Architects Condominiums Construction Defects Construction Industry Design Defects Homeowners' Association Liability Professional Liability Real Estate Development

Weekly Law Resume - September 2013: Construction Defects–Does Right to Repair Act Eliminate a Property Owner’s Common Law Rights...

Liberty Mutual Insurance Company v. Brookfield Crystal Cove, LLC Court of Appeal, Fourth Appellate District (August 28, 2013) The Right to Repair Act (Code Civ. Proc., sections 896, et seq.) applies to claims for...more

10/4/2013 - Construction Defects Damages Liability Remedies Repairs

Weekly Law Resume - January 31, 2013: Construction Defects Premised on Negligent Design Theory

Beacon Residential Community Association v. Skidmore, Owings & Merrill, LLP Court of Appeal, First District (December 13, 2012) The First Appellate District reversed a judgment in favor of design professionals and...more

2/4/2013 - Architects Construction Defects Homeowners' Association Negligent Design Privity of Contract Purchasers Third-Party

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