News & Analysis as of

Construction Defects Condominiums

Senate Committee Issues Favorable Report On Bill To Preclude Developers From Limiting Condo Owners Claims

by Baker Donelson on

The Maryland Senate Judicial Proceedings Committee has issued a favorable report on legislation, which has already been passed by the House of Delegates, intended to protect condominium owners’ rights with regard to bringing...more

House of Delegates Passes Bill To Preclude Condo Developers From Limiting Owners Construction Defect Claims

by Baker Donelson on

By a vote of 136-0, the Maryland House of Delegates approved a bill to protect condominium owners’ rights with regard to bringing construction defect claims against the project’s developer. House Bill 676 would prevent...more

Construction Defect – Application of the Right to Repair Statute to Material Suppliers

by Low, Ball & Lynch on

The Right to Repair Statute in California requires a homeowner show a breach of contract or negligence to succeed. Acqua Vista Homeowners Association v. MWI, Inc. - California Court of Appeals, Fourth Appellate...more

Bills Proposed in Maryland General Assembly to Limit Restrictions Imposed By Condominium Developers on the Ability of the Council...

by Baker Donelson on

Proposed legislation now pending in the Maryland General Assembly would prevent condominium developers from limiting the ability of the council of unit owners and individual unit owners to bring construction defect claims for...more

New Appellate Ruling Increases Residential Builders' Exposure to Defect Liability in Illinois

by Faegre Baker Daniels on

Illinois law on the implied warranty of habitability (IWH) is continuously changing, and residential builders should take notice of a new opinion issued by the Appellate Court, First District, on October 26 in a construction...more

Subcontractor Exception Torpedoes Insurers’ Defense To Faulty Workmanship Claim

by Carlton Fields on

As this blog has reported, a line of cases deciding coverage disputes over faulty workmanship runs against (or, at least, around) a basic rule for interpreting insurance policies. Under that rule, the scope of coverage is...more

NJ Supreme Court Gets it Right! Consequential Damages Caused by a Subcontractor's Defective Construction Work is Insured

The New Jersey Supreme Court’s August 4, 2016 decision in Cypress Point Condominium Association, Inc. v. Adria Towers, LLC opened the door for general contractors to obtain insurance coverage under their commercial general...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

Real Estate News in Metro DC

by Ballard Spahr LLP on

Ballard Spahr’s mixed-use, condominium, and multifamily lawyers are pleased to provide this newsletter to keep you apprised of important developments and trends in real estate law in Maryland, Virginia, and Washington, D.C....more

Construction Defect Debate to be Heard by Colorado Supreme Court

by Polsinelli on

The construction defects case of Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et al. has garnered national attention since the Colorado Court of Appeals' decision in May 2015,...more

Standing tall – The “Independent Contractor” defence for builders and construction professionals

by Dentons on

The High Court has recently ruled that main contractors and architects may rely on the independent contractor defence to defeat claims in negligence brought by management corporations. The court’s inquiry focused on whether...more

Examining Denver’s new construction defect reform ordinance

by Snell & Wilmer on

Construction defect reform is a hot-button issue in Colorado. This is especially true along the booming Front Range, where rapidly increasing population has driven the prices of renting and buying property a mile high....more

The New Texas Two-Step: Construction Defect Litigation by Condominium Owners’ Associations

On June 17, 2015, Texas adopted amendments to the Texas Uniform Condominium Act by requiring condominium unit owners’ associations (“Association”) to take specified procedural steps prior to initiating a construction defect...more

Denver City Council Advances Construction Defect Ordinance

by Sherman & Howard L.L.C. on

The Denver City Council on November 16, 2015 unanimously approved the first reading of a construction defect action reform ordinance designed to spur condominium development in Denver. Like Lakewood and other metro-area...more

Restrictions on Condominium Conversions

Now that the recession is beginning to become a memory of the past, the demand for housing is on the rise, and with it is the explosive interest in the multifamily market. As more Americans are choosing to marry later and...more

For “At-Issue Waiver,” The Best Defense May Not Be An Affirmative Defense

by Carlton Fields on

As this blog has repeatedly documented, it can be hard for insurers to assert the attorney-client privilege in the context of bad faith litigation. One difficulty arises in states that enforce a presumption against the...more

Construction Case Law Update - July 2015 #2

by Carlton Fields on

CGL Policies; Declaratory Judgments; Appeal of a Partial Final Judgment – A commercial general liability insurer and its insured sought declaratory relief over the question of insurance coverage and the duty to defend...more

2015 Florida Legislative Post-Session Report

by Carlton Fields on

Carlton Fields Jorden Burt’s Government Law and Consulting Practice Group released its 2015 Florida Legislative Post-Session Report detailing significant bills that passed during the 2015 Regular Session of the Florida...more

Sunset of Distressed Condominium Relief Act Extended

The Distressed Condominium Relief Act enacted as Part VII of the Condominium Act in 2010 (“Act”) was a temporary measure to encourage absorption of unsold condominium units arising as a result of the Great Recession. This...more

Precedent Set in Colorado Construction Defect Law

by Polsinelli on

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

Construction Defect Reform Bill Defeated

by Sherman & Howard L.L.C. on

Senate Bill 15-177, a bill introduced to reform Colorado’s construction defect litigation process, was defeated in a House of Representatives Committee on April 28, 2015 without being presented for a full vote in the House....more

Sherman & Howard Construction Monitor Spring 2015

by Sherman & Howard L.L.C. on

In this issue: - Senate Bills Tackle Construction Defect Litigation Reform - Potential Source of Lawful Labor Delayed or Halted - Excerpt from Senate Bills Tackle Construction Defect Litigation...more

Colorado Legislature Tries Again on Construction-Related Litigation Reform

by Ballard Spahr LLP on

As the Colorado Legislature begins its 2015 session, construction defect reform legislation is again at the fore. Senate Bill 177 was introduced on February 10 in an effort to spur condominium projects by providing developers...more

Senate Bills Tackle Construction Defect Litigation Reform

by Sherman & Howard L.L.C. on

Two bills recently introduced in the Colorado Senate propose to change Colorado’s construction defect claims process. If passed, Senate Bill 15-177 would amend Colorado’s Common Interest Ownership Act, C.R.S. §...more

Oregon Court of Appeals Clarifies Application of Statute of Limitations and Statute of Repose in Connection with Construction...

In Riverview Condo, Ass’n v. Cypress Ventures, Inc., 266 Ore. App. 574 (Or. Ct. App. 2014), the Oregon Court of Appeals clarified application of the statute of repose and statute of limitations in the context of a suit...more

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