News & Analysis as of

Contractors Homeowners

Robinson+Cole Construction Law Zone

New York’s Highest Court Weighs in on N.Y. Labor Law

N.Y. Labor Law § 241(6) requires owners and contractors to provide reasonable and adequate protection and safety to persons employed at or lawfully frequenting a construction site. If a worker is injured on a construction...more

Blake, Cassels & Graydon LLP

Alberta : Demande de modifications aux règles régissant les appels de décisions de juges des requêtes

Dans l’affaire Lesenko v. Wild Rose Ready Mix Ltd. (l’« affaire Lesenko »), la Cour du Banc du Roi de l’Alberta (la « CBRA ») a envoyé un message clair au Comité des règles de procédure et à la Cour d’appel de l’Alberta (la «...more

Frantz Ward LLP

Ohio Changes Law Applicable to Home Improvement Disputes Greater than $25,000

Frantz Ward LLP on

Recently, the Ohio Legislature changed a 12-year-old law applicable to home construction services. The original version only applied to contracts for new construction (or ancillary construction to the new construction, like a...more

Blake, Cassels & Graydon LLP

Time for a Change: Alberta Court Calls for New Rules for Appeals of Applications Judges

The Court of King's Bench, in Lesenko v. Wild Rose Ready Mix Ltd. (Lesenko), has sent a clear message to the Rules of Court Committee and the Alberta Court of Appeal about the desire for new standard of review rules for...more

Conn Kavanaugh

Residential Construction Projects: During Construction (Part 2)

Conn Kavanaugh on

This article is Part 2 of a 3-article series. This article is Part 2 in a series of articles discussing common considerations for homeowners before, during, and after residential construction projects. Part 2 focuses on...more

J.S. Held

Forensic Laboratory Analysis and Roof Evaluations

J.S. Held on

The roofing industry in the United States is prominent, with an estimated market size of over $25 billion annually, which covers various segments such as residential, commercial, and industrial roofing. Owing to its core...more

Cole Schotz

New Jersey Tightening the Screws on its Home Improvement Contractor Licensing Requirements

Cole Schotz on

On January 8, 2024, the State of New Jersey enacted a new law, mandating additional licensing requirements for home improvement and home elevation contractors, with the aim of further protecting New Jersey homeowners and...more

Conn Kavanaugh

Residential Construction Projects: Pre-construction Part 1

Conn Kavanaugh on

This Article is Part 1 in a series of articles discussing common considerations that homeowners should look for before, during, and after a residential construction project. Part 1 focuses on arguably the most important...more

Rivkin Radler LLP

Can You Be Sued if a Worker is Injured on Your Property?

Rivkin Radler LLP on

It is important to note that if a contractor or worker gets injured on your job, you may be held legally responsible. Springtime not only brings warmer weather, luscious greenery, and colorful flowers to Long Island, but...more

Bradley Arant Boult Cummings LLP

It’s a Family Affair: SCOTX Compels Non-Signatory Minor Children to Arbitrate Their Construction Defect Claims with Signatory...

A novel question arose over the past few years in residential construction law as to whether minors were subject to the contractual provisions in their parents’ purchase or construction contract. The contract typically has a...more

Dunlap Bennett & Ludwig PLLC

DPOR Contractor Recovery Fund

In Virginia, any contract with a licensed residential contractor must include a statement notifying the homeowners of the existence of the “Virginia Contractor Transaction Recovery Fund”, including information on how to...more

Hendershot Cowart P.C.

Subrogation Defense for Contractors: What to Do When an Insurance Carrier Sues You

Hendershot Cowart P.C. on

A homeowner or property owner (your client or customer) files a claim with their homeowners or property insurance for damage. The insurance company then comes after you, alleging it was a construction or design defect that...more

Smith Debnam Narron Drake Saintsing & Myers,...

Court Of Appeals Clarifies That Expert Testimony Required in Nearly All Faulty Construction Cases

In a recent decision touching on many interesting issues, North Carolina’s Court of Appeals effectively determined that, in all but the most obvious cases, expert testimony is required to establish a failure to perform...more

Rivkin Radler LLP

Insurance Update- February 2021

Rivkin Radler LLP on

Our February insurance update discusses several issues involving first-party and third-party insurance claims. •The Florida Supreme Court answers a certified question about the type of damages available to first-party...more

Bradley Arant Boult Cummings LLP

Contractor Loses Effort to Bind Remote Home Purchaser to Arbitration Clause

On December 8, 2020, in Taylor Morrison of Texas, Inc. v. Kohlmeyer, a Texas Court of Appeals rejected a contractor’s appeal of a trial court order denying the contractor’s motion to compel arbitration in a home construction...more

Bradley Arant Boult Cummings LLP

Notice Your Lien or Kiss it Goodbye

Like many states, Minnesota requires subcontractors and suppliers to send pre-lien notices to owners to perfect mechanic’s lien rights. Failure to comply with the pre-lien notice statute can prove fatal to a lien enforcement...more

Snell & Wilmer

The Registrar of Contractors and the Residential Contractors’ Recovery Fund: One Size Does Not Fit All

Snell & Wilmer on

The Arizona Court of Appeals recently published a decision examining the Registrar of Contractor’s (“ROC”) handling of a homeowner’s claim involving the Residential Contractors’ Recovery Fund (the “Fund”). The decision,...more

Snell & Wilmer

Arizona Senate Bill 1397: What You Should Know About the ROC’s Legislative Update

Snell & Wilmer on

During this most recent session, the Arizona Legislature passed and the Governor signed new legislation affecting contractors throughout the state. The legislation, Senate Bill 1397, was referred to as the “registrar of...more

Cadwalader, Wickersham & Taft LLP

Cat Bond Update: Florida Assignment of Benefits

On April 24, 2019, the Florida Legislature passed a bill (the “Act”) to reform the requirements for the assignment of benefits of claims for residential and commercial property insurance. The Act is expected to become law....more

Fox Rothschild LLP

Neglecting Corporate Formalities Leaves Contractor Businesses Exposed To Liabilities Under HICPA

Fox Rothschild LLP on

The Pennsylvania Superior Court recently found an individual liable as a “contractor” under the state’s Home Improvement Consumer Protection Act (HICPA) because his “corporate” entity did not legally exist as a result of that...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Homebuyers’ Implied Warranty of Habitability Suit Against Subcontractors Is Frozen out by Illinois Supreme Court

Overruling 35 years of precedent, the Illinois Supreme Court has held that buyers of newly constructed homes cannot sue subcontractors for breach of the implied warranty of habitability. Sienna Court Condominium Association...more

Tucker Arensberg, P.C.

Ten Years of Pennsylvania’s Home Improvement Consumer Protection Act: Is Your Home Improvement Business Compliant with the Law?

Tucker Arensberg, P.C. on

In October 2008, the Pennsylvania General Assembly passed the Home Improvement Consumer Protection Act (“HICPA”), 73 P.S. §517.1 et seq., which created a statutory framework to protect homeowners from unscrupulous home...more

Bradley Arant Boult Cummings LLP

Statutory Pre-Suit Notice Constitutes an “Action” Under Florida’s Statute of Repose - Construction and Procurement Law News, Q3...

Most states have statutes of repose, which define the date certain for parties to assert any and all claims for construction and design related issues, and provide a final cut-off for liability with respect to a project. For...more

Jaburg Wilk

Arizona Supreme Court Holds Contractual Liability Exclusion Does Not Apply to Breach of Duty to Reasonably Construct Home

Jaburg Wilk on

The Holding - In Teufel v. Am. Family Mut. Ins. Co., 244 Ariz. 383, 419 P.3d 546 (2018), the Arizona Supreme Court recently held that a Contractual Liability Exclusion in homeowner policies did not apply to a claim for...more

Bradley Arant Boult Cummings LLP

Alternative Measures of Damages in Real Property Disputes in Tennessee

When it comes to actions arising out of damage to property by a contractor, especially in the residential real property context, Tennessee courts typically balance the cost to repair versus the diminution in value of the...more

35 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide