News & Analysis as of

Construction Defects

J.S. Held

Common Plumbing Fitting Installation Deficiencies and Best Practices for Preventing Water Damage Claims

J.S. Held on

Plumbing-related construction defects can result in costly water damage claims. Recent innovations in plumbing materials and fittings have aided in more economical installation costs; however, workmanship issues and...more

Buchalter

When Logic Doesn’t Matter: Why ‘Irrational’ Isn’t a Ground to Overturn an Arbitration Award in Tennessee

Buchalter on

Arbitration has long been viewed as a faster, more efficient alternative to litigation. But anyone involved in construction disputes today knows that is not always the case. ...more

Marshall Dennehey

Florida Courts Reaffirm Damages Must Be Calculated as of Date of Breach in Construction Defect Cases

Marshall Dennehey on

Bandklayder Dev., LLC v. Saba, 406 So.3d 265 (Fla. 3d DCA 2025) and Vuletic Group, LLC v. Malkin, 4th DCA, No. 4D2024-1589 2025 WL 1944045, July 16, 2025 - It has been well-settled in Florida that the proper measure of...more

Hogan Lovells

UK Building Safety Act: No time limit on cladding claims

Hogan Lovells on

The Building Safety Act has made huge changes to the rights and obligations of landlords. Landlords and developers can be required to remedy fire safety issues and defects going right back to 1992, with certain leaseholders...more

Mayer Brown

Landlord Held Liable for Repairs to Historic Building: Almacantar Centre Point v de Valk [2025] UKUT 298

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BACKGROUND This case concerns not the iconic Henry Hyams tower, but its more discreet sibling, a smaller former office block of six storeys known as Centre Point House ("CPH").  CPH is connected to Centre Point Tower by a...more

Miller Nash LLP

Oregon HB 3746: Redefining Construction Defect Timelines for HOAs and Condos

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House Bill 3746—effective January 1, 2026—changes Oregon law governing construction-defect claims and certain condominium/planned-community governance duties....more

Mayer Brown

Landlord Held Liable for Repairs to Historic Building: Almacantar Centre Point v de Valk [2025] UKUT 298

Mayer Brown on

Background - This case concerns not the iconic Henry Hyams tower, but its more discreet sibling, a smaller former office block of six storeys known as Centre Point House ("CPH").  CPH is connected to Centre Point Tower by a...more

McNees Wallace & Nurick LLC

Does time run against the king?

On October 7, 2025, the Pennsylvania Supreme Court heard oral argument in the Clearfield County v. Transystems Corporation, et al. case that was certified for appeal earlier this year....more

Haight Brown & Bonesteel LLP

California Court Affirms $1.8 Million Judgment Against HOA for Failing to Investigate and Remediate Water Intrusion

When an HOA ignores its duties under its covenants and restrictions, the consequences can be devastating. In Ridley v. Rancho Palma Grande Homeowners Association (Cal. Ct. App., Aug. 28, 2025, No. H052560), a Santa Clara...more

Snell & Wilmer

Assignment of Claims, Not Assignment of Rights

Snell & Wilmer on

In September of 2025, the Arizona Supreme Court held that an anti-assignment clause in the sale of a home between the builder and buyer did not prohibit the assignment of claims arising from that contract. Specifically, the...more

Tonkon Torp LLP

Five Key Real Estate Bills from the 2025 Oregon Legislative Session

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At the Oregon State Bar Real Estate and Land Use Section Annual Conference in Bend, I had the privilege of presenting this year’s legislative update. This was the result of a collective effort of the 17 members of the...more

Bricker Graydon LLP

[Hybrid Event] 23rd Annual Top Gun Construction Claims Seminar - October 16th, Dublin, OH

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Bricker Graydon's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims seminar. This seminar will cover: - Important construction concepts, including key contract language, best...more

Conn Kavanaugh

Indemnity Lessons From Mass. Construction Defect Ruling

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In Trustees of Boston University v. Clough Harbour & Associates LLP, the Massachusetts Supreme Judicial Court considered anew whether a construction defect claim tendered under the terms of a bespoke contractual indemnity...more

Offit Kurman

Pennsylvania’s Construction Statute of Repose Under Attack

Offit Kurman on

For more than 40 years, Pennsylvania’s Construction Statute of Repose (SOR) has given contractors, engineers, and architects the assurance that liability for completed projects eventually comes to an end. That is because,...more

Winstead PC

Colorado American Dream Act: Condominium Construction Defect Procedures

Winstead PC on

Colorado’s housing shortage—particularly in the for-sale condominium market—has been driven in part by the high cost and unpredictability of construction defect litigation. In 2025, the General Assembly enacted House Bill...more

Troutman Pepper Locke

Statute of Repose at a Crossroads: Pennsylvania Supreme Court to Decide the Future of Construction Liability

Troutman Pepper Locke on

Pennsylvania’s statute of repose, enacted in 1976, has long provided construction industry participants with finality by barring claims related to construction defects raised more than 12 years after the completion of...more

MG+M The Law Firm

MA Appeals Court to Weigh New Construction Defect Claims Under Statute of Repose

MG+M The Law Firm on

An appeal being filed with the Massachusetts Appeals Court (Appeals Court) involving construction defects alleged against a condominium developer has the potential to impact construction and design professionals. As a result...more

Stoel Rives LLP

From Dirt to Done: The Case for Rebuilding the Construction Industry—Intelligently

Stoel Rives LLP on

Construction remains one of the last industries where the product is truly handmade. Even in an age of automation, buildings are assembled by dozens and dozens of trades coordinating on-site—often under immense pressure. When...more

Segal McCambridge

Can an Insurer’s Defense of Non-Consent to the Insured’s Participation in the Florida Statutes Chapter 558 Process Be Waived?

Segal McCambridge on

As construction claims continue to multiply in Florida’s prolific housing development scene, a question has continued to arise: Is a liability carrier obligated to defend an insured contractor where there has been no lawsuit...more

J.S. Held

Recent Case Laws Relating to the Defective Premises Act 1972: Its Impact on Contractors and Consultants

J.S. Held on

The Building Safety Act 2022[1] (BSA 2022) (which gained Royal Assent on 28 April 2022), has had a significant impact on liability around the design and construction process. One of the changes brought about by the BSA 2022...more

MG+M The Law Firm

Surfside Condominium Collapse: Is There a Path Forward to Mitigate Risk of Catastrophe? - UPDATED August 2025

MG+M The Law Firm on

David Hatem explores the response to tragic events such as the Surfside Condominium collapse in June 2021 should not be finding more parties to sue or defenses to establish, but to develop constructive initiatives and...more

Zelle  LLP

Western District of Texas Batches Thousands of Stucco Claims into Single Occurrence Pursuant to “Single Occurrence Clause”...

Zelle LLP on

Meritage Homes of Texas, Florida, and Meritage Homes Corporation (collectively, “Meritage”), a national residential homebuilder, brought suit against its umbrella insurer, AIG Specialty Insurance Company (“AIG”), over...more

Marshall Dennehey

Appellate Division Upholds Defense Victory and $500K Fee Award in New Jersey Legal Malpractice Case

Marshall Dennehey on

Jack Slimm and Jeremy Zacharias, of our Mount Laurel, New Jersey, office, secured a significant victory in the New Jersey Appellate Division in Cohen v. Weg & Meyers, P.C., A-2082-22 (App. Div. Aug. 6, 2025), affirming the...more

Phelps Dunbar

New Florida Law May Spur Changes in Builder Insurance and Liability

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Starting July 1, Florida law will require builders of newly constructed homes to provide a mandatory 1-year warranty against material construction defects. The new statute, Section 553.837, Florida Statutes, establishes...more

Cozen O'Connor

Court Differentiates Faulty and Defective Workmanship from Vandalism or Malicious Mischief

Cozen O'Connor on

In Carr v. Spinnaker Insurance Company, the United States Court of Appeals for the Ninth Circuit upheld the district court’s finding that property damage resulting from objectionable and imperfect work performed by an...more

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