News & Analysis as of

Construction Defects Assignments

Troutman Pepper

Emerging Issues in Planned Community and Condominium Disputes

Troutman Pepper on

From disagreements over short-term rentals to an infamous Tigger mailbox that elevated a neighborhood dispute all the way to the Commonwealth Court, Pennsylvania has seen a growing trend in litigation involving unit owners’...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? The Power of cookies. I’ll take 3, YouDig?

Dear YouDig?, We built a beautiful new building. Our customers and employees love it.  What many of them don’t know is that the “AC” part of the HVAC is jacked up and summer is a-comin’. I complained and the GC came to my...more

Spilman Thomas & Battle, PLLC

A Case to Watch: Brayman v. Westfield Insurance

Pennsylvania law suggests construction defects generally are not considered an "occurrence" under most CGL insurance policies because defects are not true accidents, e.g., a fortuitous event. However, an exception generally...more

Snell & Wilmer

Utah Still Thinks Privity of Contract is Important

Snell & Wilmer on

In recent years, a few law firms have made a cottage industry of enticing condominium home owners associations to sue the project developers over many issues, very often for alleged construction defects. Numerous homeowners’...more

Jones Day

Projects Disputes in Australia: Recent Cases

Jones Day on

Since late last year, there have been several major decisions from Australia's highest courts on important issues for stakeholders in the construction, mining and infrastructure industries. Below, we provide a summary. Some...more

Cozen O'Connor

Oregon Adopts Covenants Not To Execute/Assignments

Cozen O'Connor on

This past week, the Supreme Court of Oregon overturned 42 years of precedent, holding that Stubblefield v. St. Paul Fire & Marine, 267 Ore. 397, 517 P.2d 262 (1973) erred when it decided that a covenant not to execute given...more

Saul Ewing Arnstein & Lehr LLP

Western District of Washington: Insured That Violated Duties of Notice and Cooperation Could Not Make Out Claim for Bad Faith...

Granite State Ins. Co. v. Integrity Structures, LLC, No. C14-5085BHS, 2015 WL 136006 (W.D. Wash. Jan. 9, 2015). The U.S. District Court for the Western District of Washington held that an insurer did not act in bad faith...more

Snell & Wilmer

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

Snell & Wilmer on

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

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