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Suit Alleging Drug Distributor Was a “Pill Mill” Requires Defense - Why it matters: A Kentucky federal court held that the claimed impact in a suit brought by the West Virginia Attorney General – alleging that...more

Builders Beware! You Cannot Hide Behind SB 800!

In Burch v Superior Court (Premier Homes et al.) 2014 DJDAR 1991 (decided February 19, 2014) plaintiff Burch, a Pacific Palisades homeowner, sued defendants Premier Homes, the developer, and Custom Home Builders, the general...more

Utah Court of Appeals Limits Third-Party Beneficiary Contract Claims Against Appraisers, but Recognizes Tort Based Third-Party...

In Lilley v. JPMorgan Chase, et al, 748 UT Adv. Rpt. 48, 213 Utah App. 285, Nov. 20, 2013, the Utah Court of Appeals affirmed an order of the District Court dismissing the Plaintiffs’ breach of contract action against an...more

Homeowners Cannot Assert Claims Against Subcontractors For Breach Of Implied Warranty

Since 1979, Arizona courts have recognized an implied warranty of workmanship and habitability (“Implied Warranty”) regarding new home construction. Although a contractual relationship (“privity”) is generally required to...more

Door Opening to Allow Common Negligence Claims Against Construction Professionals

For several years, design and construction professionals have been awaiting word from the Washington Supreme Court regarding whether aggrieved parties are limited to remedies set forth in their written contracts or whether...more

New York Court of Appeals: Vandalism Coverage under “Named Peril” Property Policy Can Apply Even When Malicious Act Is Not...

In a case with broad implications for property owners near construction sites (Georgitsi Realty, LLC v. Penn-Star Insurance Company, No. 156, October 17, 2013), the New York Court of Appeals has opened the door to broad...more

Under Construction - September 2013: Application of the Economic Loss Rule in Arizona Since Flagstaff Affordable Housing Ltd. v....

In a recent ruling, the Arizona Supreme Court clarified that the economic loss rule does not apply to non-contracting parties. See Sullivan v. Pulte Home Corporation, 667 Ariz. Adv. Rep. 36 (Ariz. 2013). This ruling both...more

Under Construction - September 2013: Utah’s Economic Loss Rule

In Utah, a plaintiff must generally in be in privity with the “original contractor, architect, engineer or real estate developer” to bring an “action for defective design or construction.” Utah Code Ann. §78 B-4-513(4). This...more

Construction Defect Litigation: Right to Repair Act (SB 800) Does Not Eliminate Common Law Remedies for Actual Damage to...

California’s Right to Repair Act (also known as SB 800) provides court remedies for a homeowner when construction defects diminish the economic value of a home, even though no personal injuries or actual property damage have...more

A Full 180 -- The West Virginia Supreme Court of Appeals' New Position on Liability Insurance and Defective Workmanship

Since 1965, the West Virginia Supreme Court of Appeals has consistently held that defective workmanship that caused bodily injury or property damage did not constitute an “occurrence” under a policy of commercial general...more

Arizona Supreme Court Has the Final Word—Again—on Economic Loss Doctrine

Last week, in Sullivan v. Pulte Home Corp., No. CV-12-0419-PR, Arizona’s highest court took on a lingering question about the scope of economic loss doctrine since its landmark decision of Flagstaff Affordable Hous. Ltd....more

Georgia Supreme Court Rules Construction Defects Satisfy CGL Policy's 'Occurrence' Requirement

Homeowners sued their homebuilder alleging that the concrete foundations of their homes were improperly constructed. As a result, it was alleged that the foundations were failing, and the defects in the foundations had caused...more

Florida Requires Replacement Cost Payments Include Profit and Overhead Even if No Repairs Have Been Made

On July 3, 2013, the Florida Supreme Court held that an insurer making a replacement cost payment to a homeowner who had yet to repair the damaged property could not withhold payment of that component of replacement cost that...more

Burr Alert: Case Summary Of Pulte Home Corp. v. Vermillion Homeowners Association

In a lawsuit alleging construction defects in homeowners’ individual townhomes, Florida's Second District Court of Appeal ruled that a homeowners’ association was bound by arbitration agreements between its members and the...more

New Florida Statute Allows Limitation of Design Professional Liability

Over the past fourteen years, third parties have been able to maintain a direct negligence cause of action against an individual design professional, such as an architect or engineer, arising out a construction project,...more

Your Dream Home Is Now a Nightmare - What Can You Do?

You waited a long time to find the right building plans and property for your California dream home. It’s been less than a year since you moved in and now you find that your basement has a serious moisture problem. You’ve...more

Florida Property Owners: Be Aware Of This Procedure Before Filing A Construction Defects Claim

One of the most frustrating events for a residential homeowner, or a commercial property owner, is the day that they find construction defects on their property. From that time forward, the steps that are taken by the...more

Is Defective Construction an “Occurrence”? The Answer Isn’t So Concrete Construction Defect Coverage Quarterly

One of the largest issues litigated in today’s construction defect coverage actions is whether defective construction constitutes an “occurrence” (and therefore, may be covered) under liability insurance policies. Standard...more

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

On the Horizon for 2013: Pennsylvania Courts Struggle with Insurance Coverage for Construction Defect Claims

In 2012, Judge Wettick of the Allegheny County Court of Common Pleas issued two decisions that have the potential to significantly limit the insurance coverage available to Pennsylvania contractors and construction companies...more

Homeowners May Sue Design Professionals For Construction Defects

In Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP (--- Cal.Rptr.3d ----, Cal.App. 1 Dist., December 13, 2012), a California court of appeal found that a homeowners association could seek damages...more

Pa. Superior Court Extends Protection of Implied Warranty of Habitability to Subsequent Purchasers of a Newly Constructed Home

For the first time, the Superior Court of Pennsylvania has extended the protection of the implied warranty of habitability to the second or subsequent purchaser of a newly constructed home in Conway v. The Cutler Group, 2012...more

One of the Most Important Steps In Any Construction or Injury Case

During my years of litigation, and equally so now in the field of litigation graphics, I became convinced of the importance of inspecting whatever items and locations that a case revolves around in order to visualize and then...more

Tarion Overhaul of Major Structural Defect Procedures

Tarion has introduced significant changes to the major structural defect claims process. These changes will affect all condominium projects where the first arm’s length agreement of purchase and sale was signed after July 1,...more

Washington Appellate Court Limits Liability for Personal Injury Claims Brought by Contractor’s Employee Against Landowners

The Washington State Court of Appeals affirmed a summary judgment dismissal of a lawsuit filed by a landowner’s contractor’s employee for personal injuries that the plaintiff allegedly sustained while working on a...more

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