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Key Points: Trial courts are determined to protect the individual consumer from bad-acting contractors, including with the award of treble damages and attorneys fees under the HICPA and URPCPL....more
Construction defect cases often involve damage claims beyond simply the cost to repair the allegedly defective unit or component. These consequential damages may include damages for loss of use, expenses for mitigation and...more
Liu v. Securities And Exchange Commission, Case No. 18–1501 (2020). Equitable relief, including disgorgement, is permissible under the Securities Act of 1933, 15 U. S. C. §77a et seq., so long as it does not exceed a...more
In Conway Construction Company v. City of Puyallup, No. 80649-1-1 (May 4, 2020), the Washington Court of Appeals, Division 1, adopted Oregon’s Shelter Products, Inc. v. Steelwood Construction, Inc., precluding certain claims...more
Skanska USA Building, Inc. v. J.D. Long Masonry, Inc., No. 1:16-cv-00933, 2019 BL 336852, (D. Md. Sept. 9, 2019) - On September 9, 2019, a Maryland federal court awarded Skanska USA Building, Inc. (“Skanska”) compensatory...more
From disagreements over short-term rentals to an infamous Tigger mailbox that elevated a neighborhood dispute all the way to the Commonwealth Court, Pennsylvania has seen a growing trend in litigation involving unit owners’...more
Arizona recently amended its Purchaser Dwelling Action statute to, among other things, involve all contractors in the process, establish the parties’ burdens of proof, add an attorney fees provision, establish procedural...more
In Davison v. Debest Plumbing, Inc., 416 P.3d 943 (Ida. 2018), the Supreme Court of Idaho addressed the issue of whether plaintiffs who provided actual notice of a defective condition, but not written notice as stated in the...more
A group of landowners and farmers (collectively “landowners”) filed an October 10th lawsuit in the United States District Court for the Eastern District of Arkansas against Lawrence County, Arkansas. See No. : 3:17cv272-DPM. ...more
It's not very often that I see a fee application in a settled class action in the Business Court that doesn't strike me as requesting approval of an overpayment for a less than successful result. Those are most often in the...more
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
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
Home Sales, Disclosing Defects - Home purchasers appealed summary judgment granted in favor of sellers regarding claims of defects that had a material adverse effect on the property’s value pursuant to Johnson v. Davis, 480...more
In New Jersey, if a policyholder is required to sue its insurance company for coverage, Court Rule R.4:42-9 allows a policyholder to recover attorneys’ fees if it is successful in obtaining coverage. The purpose of this...more
On March 23, 2015, Arizona Governor, Doug Ducey, signed into law House Bill 2578. This new legislation relates specifically to Arizona’s construction defect claims and revises the Purchaser Dwelling Actions statute - ARS §...more
Nevada Gov. Brian Sandoval signed into law AB 125 (2015) ushering in critical reforms for Nevada’s construction defect laws. The law, which the Nevada Legislature passed this past Friday, Feb. 20, 2015, provides crucial...more
In D.R. Horton, Inc.—Denver v. Mountain States Mutual Casualty Co., No. 12-cv-01080 (February 25, 2013), another U.S. District Court judge for the District of Colorado determined a liability insured seeking defense costs from...more
On December 4, 2012, the Arizona Court of Appeals issued a decision in Sullivan v. Pulte Home Corporation that will have significant implications in the construction industry. The case revolved around a home built by Pulte in...more