News & Analysis as of

Homeowners Association (HOA) Construction Contracts

Stark & Stark

Pre COVID-19 Construction Cost Estimates Are Likely Outdated

Stark & Stark on

In New Jersey (and virtually all other states), construction defect cases for common interest community associations are heavily reliant on expert witnesses. Even if a building system is obviously defective — in that windows...more

Ward and Smith, P.A.

The Accidental Construction Owner: a Checklist of Considerations for HOAs Engaging in Construction

Ward and Smith, P.A. on

Homeowners associations ("HOAs") do not typically act as construction owners. HOAs are set up as entities to maintain and manage planned unit communities. The most important and common role of the HOA is to maintain the...more

White and Williams LLP

Utah’s Highest Court Holds That Plaintiffs Must Properly Commence an Action to Rely on the Relation-Back Doctrine to Overcome the...

Earlier this summer, in Gables & Villas at River Oaks Homeowners Ass’n v. Castlewood Builders LLC, 2018 UT 28, the Supreme Court of Utah addressed the question of whether the plaintiff’s construction defects claims against...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

Snell & Wilmer

Under Construction - March 2018

Snell & Wilmer on

Welcome to the spring 2018 edition of our Under Construction newsletter. We hope 2018 is off to a good start for you and your company. We start this issue with an article providing some practical solutions to common legal...more

Sherman & Howard L.L.C.

Lakewood Passes Construction Defect Action Reform

Sherman & Howard L.L.C. on

On October 13, 2014, Lakewood’s City Council passed Ordinance O-2014-21, which reforms the process for handling construction defect claims on condominium projects in the City of Lakewood. The ordinance has three primary...more

Brownstein Hyatt Farber Schreck

City of Lakewood Adopts Ordinance to Encourage Condominium Construction and Reduce Construction Defect Litigation

On Monday, October 13, 2014, the City of Lakewood became the first Colorado municipality to adopt legislation intended to encourage construction of “for sale” multifamily projects by mitigating the risks to developers and...more

Sherman & Howard L.L.C.

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

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