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Architects and Design Professionals Can Be Held Liable for Defects Based On Third Party Claims

A homeowners association, on behalf of its members, sued a condominium developer and various other parties for construction design defects that allegedly made their homes unsafe and uninhabitable for a significant portion of...more

The California Supreme Court Decides In Favor Of Homeowners In Disputes With California’s Architects

In the case of Beacon Residential Community Association v. Skidmore Owings and Merrill et. al. (July 3, 2014, S208173) Cal.4th, a condominium homeowners association, sued the developer of the project and the project architect...more

Privilege Issues Are Important in Homeowner Association Construction Defect Litigation

Attorneys in Homeowners Association (“HOA”) construction defect cases must meet with the homeowners to provide litigation updates and it can sometimes be difficult to preserve the attorney-client privilege for the...more

When Does an "Occurrence" Occur?

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

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

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

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

How to Guarantee the HOA Can't Litigate Condo Construction Defect Claims

Developers and general contractors would like to avoid litigating construction defect claims brought by condominium homeowner associations. There is a way to do this. ...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

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