News & Analysis as of

Construction Defects

Colorado House Bill 1279 stalls over 120-day unit owner election period

by Snell & Wilmer on

With the session more than halfway through, the Colorado Legislature’s 2017 attempts at meaningful construction defect reform may fail again. This year, the Legislature did not attempt a single-bill construction defect...more

Insurers/Reinsurers: Between a Rock and a Hard Place

by Locke Lord LLP on

A federal court in South Carolina recently adopted a Magistrate’s recommendation that an insurer’s communications with its reinsurers are relevant and discoverable. In ContraVest, Inc. v. Mt. Hawley Insurance Company, No....more

District Court Find No Federal Question Jurisdiction In Action Challenging Arbitration Award Based On Arbitrator Bias

by Carlton Fields on

A federal court has rejected the attempt of the losing party in an arbitration to engage in discovery regarding the potential bias of the arbitrator, finding that it had no jurisdiction over the matter because it did not...more

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

Montana Supreme Court Rules That Statute of Repose Is an Absolute Bar to Claims and Cannot be Tolled for Any Reason, Including...

by Pepper Hamilton LLP on

Hill County High School District No. A v. Dick Anderson Construction, Inc., 2017 Mont. LEXIS 38 (Mt. Feb 7, 2017) - This action arose out of the design and construction of a new roof for a high school in Hill County,...more

Indecent Exposure: New Decision Confirms Subcontractors Liability To CD Damages Is Expansive

How broad is a “broad-form” indemnity provision in a construction contract? A recent decision by the Arizona Court of Appeals has held such a provision allows a developer great latitude in recovering monies paid for...more

Reading the Crystal Ball: Reservation of Rights Letters under South Carolina Law in the Wake of Harleysville Group Insurance v....

by Carlton Fields on

The South Carolina Supreme Court recently took a firm stance on what constitutes a sufficient reservation of rights letter in Harleysville Group Insurance v. Heritage Communities, Inc., et al., — S.E.2d — , No. 2013-001281,...more

Statute of Repose Bill Passes House of Representatives

by Davis Brown Law Firm on

On Tuesday, March 21, the Iowa House passed House File 3 (HF3), a bill that would reduce the Statute of Repose applicable to construction claims. The bill is now on to Governor Branstad....more

Seventh Circuit Finds Faulty Work Not a Covered “Occurrence”

In Allied Prop. & Cas. Ins. Co. v. Metro North Condo. Ass’n, No. 16-1868, 2017 U.S. App. LEXIS 4107 (7th Cir. Mar. 8, 2017), the Seventh Circuit had occasion to consider whether claims of faulty workmanship could constitute...more

Iowa Senate Passes Bill Reducing Statute of Repose

by Davis Brown Law Firm on

On Wednesday, March 8, the Iowa Senate passed Senate File 413 (SF413), a bill that would reduce the Statute of Repose applicable to construction claims. This bill is now under discussion in the Iowa House (HF3)....more

Economic Damages and the Right to Repair Act: You Can’t Have it Both Ways

In 2002, the California State Legislature passed Senate Bill 800 also known as the Right to Repair Act (Civil Code Sections 895 et seq.) in an effort to stem a then rising tide in residential construction defect litigation....more

Construction Defect – Strict Compliance with Right to Repair Response Deadline Required

by Low, Ball & Lynch on

A residential builder must assert insufficiency of claimant’s notice within 14 days under the California Right to Repair Act also known as SB 800. William Blanchette, et al. v. The Superior Court of Imperial...more

California Court Of Appeals Holds Builder Must Respond To Notice of Claim Under The Right to Repair Act Within Statutory Period...

In William Blanchette v. The Superior Court of Imperial County [D070545, 2/20/17], the California Court of Appeals strictly construed the statutory requirement that a builder respond to a notice of claim of defects under the...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

Contractor not liable following tunnel collapse

by White & Case LLP on

A recent Scottish case absolved a contractor from liability for the collapse of a tunnel as part of a hydroelectric scheme. This was because the contractor exercised reasonable skill and care, and did not guarantee the...more

Virginia Supreme Court Holds That Subcontractors Did Not Waive Statute of Limitations, With The Result That The General Contractor...

by Pepper Hamilton LLP on

Hensel Phelps Constr. Co. v. Thompson Masonry Contractor, Inc., et. al., No. 151780, 2016 Va. LEXIS 166 (Va. Nov. 3, 2016) - The dispute arose from the construction of a student health and fitness center at Virginia...more

California Court Holds Continuous Progressive Injury Exclusion Applicable to Construction Defect Claim

In its recent decision in Saarman Construction, Ltd. v. Ironshore Specialty Ins. Co., 2017 U.S. Dist. LEXIS 13633 (N.D. Cal. Jan 31, 2017), the United States District Court for the Northern District of California had occasion...more

Maryland Federal Court Approves Residential Sales Contract Provision Creating a One-Year Period of Limitations

by Baker Donelson on

In Daniels v. NVR, Inc., t/a Ryan Homes, the United States District Court for the District of Maryland upheld the validity of a contractual provision in a residential home purchase agreement that reduced the normal period of...more

Arizona Court of Appeals Rules That Coverage for an Additional Insured is no Greater Than Coverage Afforded a Named Insured - -...

by Dickinson Wright on

In a matter of first impression, the Arizona Court of Appeals recently ruled that the “Your Work Exclusion” in a Commercial General Liability (“CGL”) insurance policy bars coverage for an additional insured when the only...more

Court Finds No Occurrence for Installation of Defective flooring and Explains Coverage for Attorney Fee Awards

In Navigators Specialty Ins. Co. v. Moorefield Const. (No.G050759, filed 12/27/16), a California appeals court held that the knowing installation of flooring over a vapor-emitting slab was not an accident or occurrence,...more

Homebuilder Guaranty Fund Claims, an Informal Way for Home Purchasers to File Claims Against Homebuilders

by Pessin Katz Law, P.A. on

If someone who purchases a home believes their home was improperly constructed, they may file a claim against the Homebuilder Guarantee Fund to recover any monetary losses they suffer. In order to recover from the...more

Oregon High Court Clarifies How To Read the Four Corners of a Complaint

by Selman Breitman LLP on

On December 8, 2016, the Oregon Supreme Court issued a decision, West Hills Development Co. v. Chartis Claims, Inc., 360 Or. 650 (2016), clarifying what allegations in a construction defect suit will implicate coverage under...more

Florida, Sebo and the Concurrent Causation Doctrine

The Florida Supreme Court recently issued a widely reported decision, Sebo v. American Home Assurance Co., which applied the concurrent cause doctrine in ruling that an all-risk homeowner’s insurance policy provides coverage...more

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