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Manufacturers › Construction Defects

Jaburg Wilk

Who is Entitled to “Notice” Under the Revised Purchaser Dwelling Act?

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As a construction defect attorney, I know I am not alone with the frustration in trying to interpret the confusing, ambiguous, and often times nonsensical language which comprises Arizona’s Purchaser Dwelling Act, promulgated...more

White and Williams LLP

Too Late for The Blame Game: Massachusetts Court Holds That the Statute of Repose Barred a Product Manufacturer from Seeking...

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In State Farm Fire & Cas. Co. v. Wangs Alliance Corp., No. 21-cv-10389-AK, 2022 U.S. Dist. LEXIS 26712, the United States District Court for the District of Massachusetts (District Court) considered whether a product...more

Davis Wright Tremaine LLP

California Court of Appeal Addresses Right to Repair Statute

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The California Court of Appeal recently issued a decision analyzing the application of the Right to Repair Act as applied to a company that provided an allegedly defective product in a residential construction project. In...more

Bradley Arant Boult Cummings LLP

Sox Are ‘Slippery When Wet’: Contractor May be Liable for Injury Caused by Work Installed According to Customer Specifications

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An Illinois appellate court recently addressed the scope of negligence liability for a slip and fall injury on a newly installed roof at the Chicago White Sox Stadium. In 2013, a maintenance employee slipped on the roof at...more

White and Williams LLP

New Hampshire’s Statute of Repose for Improvements to Real Property Does Not Apply to Product Manufacturers

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In United Services Automobile Association v. Broan-Nutone, LLC, No. 218-2017-CV-01113, the Superior Court of Rockingham County, New Hampshire recently considered whether the eight-year statute of repose for improvements to...more

White and Williams LLP

California Court of Appeal Holds That the Right to Repair Act Prohibits Class Actions Against Manufacturers of Products Completely...

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In Kohler Co. v. Superior Court, 29 Cal. App. 5th 55 (2018), the Second District of the Court of Appeal of California considered whether the lower court properly allowed homeowners to bring class action claims under the Right...more

White and Williams LLP

Minnesota Clarifies the “Machinery/Equipment” Exception to the Statute of Repose for Improvements to Real Property and Adopts Test...

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In a recent decision, Great Northern Ins. Co. v. Honeywell Int’l, Inc., 2018 Minn. LEXIS 236, the Supreme Court of Minnesota addressed two important legal questions: (1) did the “machinery and equipment” exception to...more

Spilman Thomas & Battle, PLLC

Trendy Building Material May Cause Future Problems

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We all remember the litigation nightmare surrounding synthetic stucco or EIFS (exterior insulation finish systems) in the recent past. Now, commentators worry that Adhered Concrete Masonry Veneer, also known as manufactured...more

Pillsbury Winthrop Shaw Pittman LLP

Court Gets in Line with Majority of Jurisdictions on Faulty Products Coverage

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A recent decision from an appellate court in Pennsylvania is good news for policyholders who manufacture products, as yet another jurisdiction joins the majority view that product manufacturers may be covered for damage that...more

Spilman Thomas & Battle, PLLC

"Twenty Years" is Actually "Six Years" for Contractors and Manufacturers in North Carolina

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This year the North Carolina Court of Appeals issued an opinion that significantly limits many construction warranties. In Christie v. Hartley Construction, Inc., et al., No. COA12-1385, the Court limited any action for...more

Cranfill Sumner LLP

Why A “Lifetime” Warranty Is Only A Six Year Warranty For Contractors And Manufacturers

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Most would assume that a warranty lasts for as long as the warranty’s terms. In North Carolina, a recent Court of Appeals decision has made clear that an extended warranty, absent evidence of fraudulent, willful, or wanton...more

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