Construction Civil Procedure Elections & Politics

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West Coast Real Estate Update: October 2016

California Coastal Act Blocks Housing Project in Venice Despite Earlier Approvals - Judge James C. Chalfant of the California Court of Appeal on Sept. 29, 2016, affirmed a lower court ruling denying a developer’s...more

Berkeley Balcony Collapse Leads To Calls For More Scrutiny of The Construction Industry

On June 16, 2015 six students died and seven others were seriously injured when the balcony on which they were standing collapsed. The group was celebrating a 21st birthday party at an apartment located in the “Library...more

Colorado Springs Joins Other Colorado Municipalities in Addressing Construction Defect Reformation

On December 8, 2015, the Colorado Springs City Council unanimously (9-0) voted to approve an Ordinance that reforms construction defects litigation for common interest communities. In a municipality that rarely has unanimous...more

Supreme Court Rules in Favor of School District in Building Project Referendum Challenge: Substance Trumps Form

School districts often find themselves in the precarious position of having to rely upon the outcome of a referendum for passage of a budget or building project while simultaneously having no control over the conduct of the...more

Precedent Set in Colorado Construction Defect Law

On May 7, 2015, less than 24 hours after the Colorado legislative session ended and just over a week after Senate Bill 177, a construction defects reform bill, died in a House committee, the Colorado Court of Appeals issued...more

Senate Tightens Requirements for Construction Defect Claims

The Florida Senate is following a recent national trend of tightening its laws governing construction defect claims. Currently, under FL. Stat. § 558.004, entitled Notice and Opportunity to Repair, a party claiming a...more

No Settlement in $58,000,000 Judgment Against Homebuilder Bob Perry

The seemingly endless lawsuit between two homeowners and their builder will continue, now that post-verdict mediation has failed. An article in the New York Times reports that settlement discussions have broken down between...more

Texas Homebuilder Bob Perry Ordered to Pay $51 Million for Defective House

A Tarrant County jury this week has delivered a devastating blow to homebuilder Bob Perry by awarding $51 million to a couple who sued Perry because of their defective house. The back-story to this case is quite lengthy, but...more

New Legislation on Wrap-up Insurance And Indemnity Clauses

Owners, developers and major general contractors are ramping up their use of wrap-up insurance policies on building and industrial projects. When sponsored by an Owner, wrap-ups are dubbed Owner-Controlled Insurance Program...more

Federal Court Limits Retroactive Application of FCA Amendments

Congress recently expanded contractors’ liability under the civil False Claims Act (FCA). The substantive changes include eliminating the presentment requirement, adding liability for claims seeking non-United States funds,...more

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