Residential Real Estate, Civil Procedure, Construction Law

When Does an "Occurrence" Occur?

by Jerome Sturhahn | Sherman & Howard L.L.C. on 5/1/2013

Two federal courts in Denver recently addressed a fundamental question that exists in almost every construction defect case - when did the property damage that gives rise to liability, and the insurer's obligation, occur? ...more

An Update On North Carolina's New Lien Agent System

by Martin Flyke | Poyner Spruill LLP on 4/30/2013

On April 1, 2013, the changes to North Carolina’s construction lien laws enacted in July 2012 became effective. For a general overview of the pertinent changes, please review the articles written by Brian Corbett and Tom...more

Careful Drafting Can Prevent Dispute Clauses from Being Ignored

by Joseph Kovars | Ober|Kaler on 4/22/2013

Two recent cases highlight the pitfalls facing construction parties -- owners, contractors and subcontractors -- when they use fairly common contract clauses that address how they want disputes decided. In one case, the...more

Weekly Law Resume - April 19, 2013: It’s All In the Complaint: Triggering Equitable Indemnity Rights Against Public Entities

by Joseph Aguilar | Low, Ball & Lynch on 4/22/2013

Centex Homes, et al. v. The Superior Court of San Diego County Court of Appeal, Fourth District (March 25, 2013) Government Code section 901 provides that a cause of action for equitable indemnity or partial...more

New Court Decision Clarifies Mechanic's Lien Valuation Statute

by Mathew Troughton | Sheppard Mullin Richter & Hampton LLP on 4/22/2013

The amount of a mechanic’s lien in California is generally the lesser of: 1) the reasonable value of the work; or 2) the price agreed upon in the lien claimant’s contract. But does the same measure apply if a lien defendant...more

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

by Alex Figares, Adam F. Haimo | Bilzin Sumberg Baena Price & Axelrod LLP on 4/5/2013

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

A Breach Of A Fiduciary Duty Claim May Be Waived

by Schecter Law on 3/25/2013

A dispute arose between Band and Libby regarding the development and construction of a luxury condominium. Band, the managing general partner of the development and an attorney, contacted Libby to invite him to become an...more

Treble Damages Not Assessed Against Representative Who Was Not A Party To The Contract

by Schecter Law on 3/4/2013

In Home Construction Management, LLC v. Comet, Inc., 4D11-4022 & 4D12-21 (Fla. 4th DCA 2013), Home Construction Management, LLC. (“HCM”) and representative Abraham Omer appealed a final judgment and damage award for claims...more

Virginia Federal Court Applies Continuing Violation Theory To Extend FHA Statute Of Limitations

by BuckleySandler LLP on 2/12/2013

On January 29, the U.S. District Court for the Western District of Virginia invoked the continuing violation theory in refusing to bar an otherwise untimely Fair Housing Act discrimination claim. Nat’l Fair Hous. Alliance,...more

Colorado Federal Court Applies Builder’s Risk Exclusion and Policy Endorsement to Preclude Coverage for Underlying Construction...

by Aaron Mandel, Stevi Raab | Sedgwick LLP on 2/8/2013

Even where insureds clear the “property damage” and “occurrence” hurdles to finding coverage for construction defect claims under liability insurance policies, additional coverage obstacles remain. Consider the “business...more

Washington Supreme Court Expands the Ability of Parties to Define How and When Construction Defect Causes of Action May Be Brought

by Lane Powell PC - Construction Law on 2/8/2013

In a unanimous decision, the Washington Supreme Court has approved of contractual clauses broadly defining the scope of how and when causes of action may be asserted. The case, Washington State Major League Baseball Stadium...more

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

by Joseph Fenech | Low, Ball & Lynch on 2/4/2013

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

Construction Litigation Update: Florida Supreme Court Rules that Unlicensed Contractors Cannot Enforce Construction Contracts

by Fuerst Ittleman David & Joseph, PL on 1/25/2013

Jim and Mary Homeowner are newlyweds who used their wedding money to buy their first home, a fixer-upper that required considerable renovations. The happily married couple was given the name of a local handyman, Bob, who was...more

Homeowners May Sue Design Professionals For Construction Defects

by Jon E. Goetz | Kronick, Moskovitz, Tiedemann & Girard on 1/22/2013

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

Board Of Contributors: Recent Rulings On Condo Contracts Have Widespread Significance

by Martin Schwartz | Bilzin Sumberg Baena Price & Axelrod LLP on 1/11/2013

The Interstate Land Sales Full Disclosure Act, a federal statute that was initially designed to prevent unscrupulous land sales of desert land in Arizona and marsh land in Florida, has been one of the primary weapons employed...more

7th Circuit Holds Insured’s Voluntary Payments Barred Coverage

by Traub Lieberman Straus & Shrewsberry LLP on 1/9/2013

In its recent decision in West Bend Mut. Ins. Co. v. Arbor Homes LLC, 2013 U.S. App. LEXIS 428 (7th Cir. Jan. 8, 2013), the United States Court of Appeals for the Seventh Circuit, applying Indiana law, addressed whether an...more

Second Circuit Reverses Bacolitsas Decision in Rare Win for Condo Developers

by Joseph E. Lubinski, Patrick H. Pugh | Ballard Spahr LLP on 12/31/2012

A condominium developer has garnered a significant victory in a dispute with a buyer as the result of a decision by the U.S. Court of Appeals for the Second Circuit....more

Under Construction - December 2012

by Wade R. Budge, Stuart J. Einbinder, Richard G. Erickson, Joshua Grabel, Jennifer R. Phillips, Nora R. Pincus, Scott C. Sandberg, James J. Sienicki, Jeffrey M. Singletary, Nicole Sornsin | Snell & Wilmer L.L.P. on 12/31/2012

In This Issue: Letter from the Editor; Colorado Construction Law Developments in 2012; Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for...more

New N.C. Lien Laws Take Effect Next Week. Is Your Company Ready?

by Bryan G. Scott | Spilman Thomas & Battle, PLLC on 12/28/2012

The North Carolina construction world was abuzz during 2012 about new legislation bringing significant changes to North Carolina’s mechanic’s lien and payment bond laws. Governor Perdue signed SB 42 and HB 1052 into law this...more

Lack Of Factual Detail In Record Raised Issues Concerning Statute Of Limitations In Real Estate Transaction Lawsuit

by Schecter Law on 12/28/2012

In Xavier v. Leviev Boymelgreen Marquis Developers, LLC, 3D11-549(Fla. 3d DCA, Nov. 21, 2012), Maiko A. Xavier and Gricell B. Perez (“Plaintiffs”) sought review of the trial court’s dismissal with prejudice of their real...more

Colorado Construction Law Developments in 2012

by Scott C. Sandberg | Snell & Wilmer L.L.P. on 12/20/2012

While Colorado’s General Assembly passed no significant legislation affecting construction law in 2012, the Colorado Court of Appeals handed down a number of significant rulings....more

Construction Attorneys--You Can Now Check the Box!!

by Katherine Gallo, Esq. on 10/30/2012

I am pleased to report that the California Judicial Council has approved for use Form Interrogatories--Construction Litigation (form DISC-005). The approved form will be on the Judicial Council website at...more

Lenders Beware: The Risks of Creating a Fiduciary Relationship With Your Borrower

by Poyner Spruill LLP on 10/24/2012

In the wake of the collapse of the real estate market, banks across the country have seen a significant increase in cases brought by developers and individual buyers alike seeking to avoid their loan obligations on their...more

Ohio Supreme Court Rules that Claims of Defective Workmanship Against a Builder Do Not Constitute an Occurrence Under a CGL Policy

by Scott Galla | Cozen O'Connor on 10/19/2012

On October 12, 2012, the Ohio Supreme resolved a longsimmering conflict among Ohio’s intermediate appellate courts by answering the following certified question: Are claims of defective construction/workmanship brought...more

Insurance Coverage: June 2012

by Low, Ball & Lynch on 10/4/2012

In This Issue: - Pacific Rim Mech. Cont. Inc. v. Aon Risk Ins. Services West, Inc. (2012) 203 Cal.App.4th 1278 - Axis Surplus Insurance Company v. Glenco Insurance Ltd. (April 2012) Court of Appeal, Fourth...more

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Residential Real Estate › Civil Procedure › Construction Law