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Civil Remedies Residential Real Estate Construction

Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:

Building seawall erodes homeowners' rights to challenge conditions

by Thompson Coburn LLP on

The California Supreme Court recently held that you can’t have your cake and eat it, too. Two adjacent homeowners, with oceanfront properties in Encinitas, California, live on a coastal bluff that “cascades steeply down to...more

Construction Defect – Right to Repair Act

by Low, Ball & Lynch on

Ann. E. Gillotti v. Eugene W. Stewart, et al. - Court of Appeal, Third Appellate District (April 26, 2017) - In Gillotti v. Stewart, the California Court of Appeals held that the Right to Repair Act, Civil Code § 895 (the...more

Washington Supreme Court Applies Efficient Proximate Cause Test to Pollution Exclusion

In its recent decision in Xia v. ProBuilders Specialty Ins. Co. RRG, 2017 Wash. LEXIS 443 (Wash. Apr. 27, 2017), the Supreme Court of Washington had occasion to address the concept of efficient proximate cause as it relates...more

Economic Damages and the Right to Repair Act: You Can’t Have it Both Ways

In 2002, the California State Legislature passed Senate Bill 800 also known as the Right to Repair Act (Civil Code Sections 895 et seq.) in an effort to stem a then rising tide in residential construction defect litigation....more

California Court Holds Continuous Progressive Injury Exclusion Applicable to Construction Defect Claim

In its recent decision in Saarman Construction, Ltd. v. Ironshore Specialty Ins. Co., 2017 U.S. Dist. LEXIS 13633 (N.D. Cal. Jan 31, 2017), the United States District Court for the Northern District of California had occasion...more

Picerne Construction Corp. v. Castellino Villas (Feb. 18, 2016, C071197)

The Third District Court of Appeal recently held that completion under the mechanics lien statute requires actual completion of the work of improvement, meaning completion of the entire structure or scheme of improvement as a...more

The Risks of Suspension under Construction Contracts

by White & Case LLP on

Two recent cases from Australia and Hong Kong highlight the serious dangers of a wrongful suspension of works under a construction contract. Wrongful suspension may ultimately lead to the termination of a contract, and...more

Australian case update: Tiuta International Ltd v De Villiers Surveyors Ltd

by DLA Piper on

SNAPSHOT - In Tiuta International Ltd v De Villiers Surveyors Ltd [2016] EWCA Civ 661, the English Court of Appeal delivered an important judgment in favour of lenders in a valuer’s negligence case, which has...more

Illinois Appellate Court Affirms a Declaratory Judgment in Favor of the Insurer Where the Underlying Suit Did Not Allege an...

In Westfield Ins. Co. v. West Van Buren, LLC, the Appellate Court of Illinois, affirmed the trial court’s decision holding that the developer, West Van Buren, LLC (“Van Buren”), was not entitled to defense and indemnification...more

Texas Supreme Court Affirms Property Owners' Rights Within the Extraterritorial Jurisdiction

by Jackson Walker on

On May 27, 2016, in Town of Lakewood Village v. Bizios, the Texas Supreme Court held that general law municipalities do not have the authority to enforce building codes within their extraterritorial jurisdictions (ETJs). This...more

Improving Waterfront Property: Challenges to the Fifty Percent Rule are Strictly Construed

Anyone working in waterfront construction long enough has a story (or knows someone who does) about pulled permits or burdensome local rules and regulations which may turn a waterfront dream renovation into a nightmare....more

Equitable Subrogation Part Deux: Mechanic’s Lien vs. Later Bank Deed of Trust

by Snell & Wilmer on

This post follows, almost two years to the day, Rick Erickson’s post of August 29, 2014. As noted by Rick Erickson in his August 29, 2014 post, the Arizona Supreme Court in the Weitz case (2014) had determined that equitable...more

Ohio Court Holds No Coverage for Misrepresentation Claims

In its recent decision in Lakeside Terrace Home Sales, Ltd. v. Arrowood Indem. Co., 2016 U.S. Dist. LEXIS 114828 (N.D. Ohio Aug. 26, 2016), the United States District Court for the Northern District of Ohio, had occasion to...more

New Jersey Supreme Court Affirms General Contractor’s Insurance Coverage for Consequential Damages Caused by a Subcontractor’s...

by McCarter & English, LLP on

In an important recent decision, New Jersey joined a growing number of states holding that Insurance Services Office’s (ISO) 1986 comprehensive general liability (CGL) policy extends coverage to a property developer faced...more

Don't make promises you cannot keep: Developer behaviour in the spotlight

by Dentons on

In Ottercroft Ltd v. Scandia Care Ltd (1) and Rahimain (2), the court of Appeal has upheld a first instance decision to award an injunction against a developer who infringed an adjoining owner's rights of light. ...more

Homeowners Who Purchase Directly from Homebuilders May Seek Recovery of Attorneys’ Fees on Claims for Breach of the Implied...

by Dickinson Wright on

Three things have long been settled law in Arizona regarding residential construction: (1) a homebuilder owes a homeowner an implied warranty of workmanship and habitability with regard to the construction of the home; (2)...more

Appellate Panel forces Developer to Pay Up for Lost Terrace

The Appellate Division, First Department decision in DDG Warren LLC v Assouline Ritz 1, LLC 2016 NY Slip Op 02926 adds another brick in the wall of Real Property Actions and Proceedings Law (“RPAPL 881”) cases requiring...more

Common Law Indemnity Claim Affirmed on Justifiable Beliefs

by Snell & Wilmer on

Yesterday, the Arizona Court of Appeals issued an interesting opinion in Hatch Development v. Solomon. Hatch illustrated two key points in real estate and construction litigation: (1) a contractor’s indemnity does not always...more

Intervention by Individual Homeowners Deemed Timely

by Low, Ball & Lynch on

Ziani Homeowners Association v. Brookfield Ziani LLC, et al. - Court Of Appeal, Fourth Appellate District, Division Three - (December 22, 2015) - The Court of Appeal considered the issue of timeliness of a...more

Guarantors’ “Lost Profits” Completely Offset Lender’s Deficiency Claim

by Snell & Wilmer on

Believe it or not, lenders can breach loan agreements too…and when they do, there can be significant consequences. In Great Western Bank v. LJC Dev., LLC, 726 Ariz. Adv. Rep. 21 (Ariz. Ct. App. Nov. 10, 2015), the Court of...more

Court Of Chancery Explains Arbitration Timelines

by Morris James LLP on

This decision explains the timelines for seeking to vacate an arbitration award. It illustrates that an arbitration proceeding has its own rules that the parties better understand or lose their rights....more

[Event] Construction Liens: Understand the Complexities; Protect Your Interest - Jan. 13th, Grand Rapids, MI

by Dickinson Wright on

Please join us to learn about the Michigan Construction Lien Act and other important laws affecting the construction industry. Learn how to use the lien act to secure payment for your work and avoid common...more

California Court of Appeal affirms vitality of California’s Right to Repair Act (SB 800) against construction defect claims

by Dentons on

The California Court of Appeal, Fifth District, issued a published opinion last week holding that California’s Right to Repair Act (Act, commonly known in the homebuilding industry as SB 800, applies to all claims by...more

McMillin Albany, LLC v. Superior Court Rejects Reasoning and Outcome of Liberty Mutual on SB800

by Allen Matkins on

In McMillin Albany, LLC v. Superior Court (available here), the Fifth Appellate District of the California Court of Appeal held that SB800 (Civil Code sections 895 through 945.5, the “Right to Repair Act”) is the only remedy...more

If You Can't Say Anything Nice: Criticizing Contractors Can Be Costly

by Faegre Baker Daniels on

Construction projects can turn acrimonious — and bad feelings often survive dispute resolution. But think twice before voicing thoughts or opinions about a fellow project participant. A false statement about another’s...more

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