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Real Estate Market Construction Defects

Nelson Mullins Riley & Scarborough LLP

Condominium Law Changes Resulting from the Collapse of the Champlain Towers South

On June 9, 2023, Governor DeSantis signed into law Senate Bill 154 (SB 154, also known as the “Glitch Bill”), which previously passed unanimously in both chambers of the Florida legislature in early May....more

Lowndes

Florida’s SB 154 Attempts to Provide Additional Clarity on Condo Safety Law

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Earlier today (June 9, 2023), Governor DeSantis signed into law Senate Bill 154 (SB 154). Seen by many in the industry as a “glitch bill,” SB 154 is a legislative measure aimed at addressing and resolving certain issues that...more

Bilzin Sumberg

Between a Rock and a Hard Place: Condominiums with Substantial Structural Deterioration

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For five months now, Florida condominiums with buildings that are three stories or higher have been on notice of F.S. §553.899, a new statute adopted within Senate Bill 4-D (“S.B. 4-D”) that requires periodic milestone...more

Bilzin Sumberg

Senate Bill 4-D And The Champlain Towers South Disaster: A Problem In Response To A Problem

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On June 24, 2021, we witnessed one of the most disturbing events in recent memory. A residential condominium building in Surfside partially collapsed overnight leaving 98 people dead and the surviving residents without a...more

Lasher Holzapfel Sperry & Ebberson PLLC

Buying a New Home? What To Know Before Making An Offer

Buying a home remains one of the largest financial commitments and personal goals in an individual’s life. However, in the current market buyers are moving quickly, making large cash offers above-asking value and waiving...more

Bilzin Sumberg

Trial Court Order Enforces Condominium Declaration’s Pre-Suit Mediation and Arbitration Provisions

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Analysis of Coach Homes II at Gran Paradiso Condominium Association, Inc. v. Lennar Homes, LLC et al, Amended Order Granting Motion to Dismiss or Stay, No. 20 CA 003307 NC (Fla. 12th Cir. Ct. June 28, 2021)....more

Cozen O'Connor

Ensuing Loss Clause Does Not Create Coverage for “Collapse” Inseparable from Damage Caused by Excluded Perils

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     In Jowite Limited Partnership v. Federal Insurance Company, the United States District Court for the District of Maryland issued a rare opinion addressing whether “collapse” is a covered “ensuing loss” under an all-risks...more

Butler Weihmuller Katz Craig LLP

Heads I win, Tails You Lose: Southern Owners Insurance Company v. MAC Contractors

On July 29, 2020, the Eleventh Circuit Court of Appeals issued its opinion in Southern Owners Ins. Co. v. MAC Contractors, of Fla., LLC, --- Fed. Appx. ---, 2020 WL 4345199 (11th Cir. July 29, 2020).  While claiming to follow...more

Carlton Fields

Connecticut Supreme Court Fortifies Crumbling Foundation Claim Denials in Trio of Insurer Victories

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A year ago, we wrote about a rapidly emerging area of insurance litigation in Connecticut: crumbling foundations. As a quick recap, tens of thousands of homes in northeastern Connecticut built over a span of more than 30...more

Carlton Fields

Court Enforces Policy’s Crumbling Foundation Plain Language in Dismissing Claims Against Insurers

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A federal judge in Connecticut recently dismissed claims against insurers related to their denial of a claim by two homeowners whose home’s foundation was crumbling. The case, Hyde v. Allstate Ins. Co., No. 3:18-cv-00031 (D....more

Carlton Fields

Fourth DCA Rules Chapter 558 Notice of Defect Can Constitute Commencement of Action Giving Plaintiffs More Time to File Suit

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On September 12, the Fourth District Court of Appeal ruled that a Chapter 558 notice of defect can be considered the “commencement” of a construction defect action. Robert Grindel, et al. v. Centex Homes, et al., 2018 WL...more

Hogan Lovells

Spot the defect

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A County Court decision has examined whether a deed which failed for invalid execution can survive as a simple agreement and whether, when that defect is apparent on the face of the deed, a party seeking to rely on that deed...more

Troutman Pepper

Applying Florida’s “Eight Corners Rule,” Eleventh Circuit Finds that Insurer Has a Duty to Defend Claim That Insured’s Faulty...

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Addison Ins. Co. v. 4000 Island Blvd. Condo. Ass’n, 2017 U.S. App. LEXIS 26870 (11th Cir. Dec. 28, 2017) - The owner of a high-rise condominium building in Florida hired a contractor to replace the building’s concrete...more

Goulston & Storrs PC

Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC

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In Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC, No. MICV-2014-03136, 2016 WL 9753783 (Mass. Super. Nov. 18, 2016), appeal argued, SJC No. 2017-P-0113 (Mass. 2017), the trustees (“Trustees”) of the...more

Polsinelli

Colorado Supreme Court to Rule on Yet Another Key Construction Defects Issue

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On July 5, 2016, the Colorado Supreme Court announced it will consider the construction defects case of Forest City Stapleton, Inc., et al. v. Rogers. In this case the Colorado Court of Appeals, for the first time, imposed...more

Ballard Spahr LLP

Real Estate News in Metro DC

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Ballard Spahr’s mixed-use, condominium, and multifamily lawyers are pleased to provide this newsletter to keep you apprised of important developments and trends in real estate law in Maryland, Virginia, and Washington, D.C. ...more

Polsinelli

Construction Defect Debate to be Heard by Colorado Supreme Court

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The construction defects case of Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et al. has garnered national attention since the Colorado Court of Appeals' decision in May 2015,...more

Robinson+Cole Construction Law Zone

Arbitrators Have Inherent Authority To Award Punitive Damages

In RV V Lockworks, LLC v. Five Yale & Towne, LLC, 2016 Conn. Super. LEXIS 563 (Conn. Super. Ct. Mar. 16, 2016) an arbitrator awarded punitive damages to the purchaser of a newly-constructed 300-unit apartment complex when it...more

Manatt, Phelps & Phillips, LLP

Restrictions on Condominium Conversions

Now that the recession is beginning to become a memory of the past, the demand for housing is on the rise, and with it is the explosive interest in the multifamily market. As more Americans are choosing to marry later and...more

Carlton Fields

Construction Case Law Update - September 15, 2015

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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

Snell & Wilmer

Homebuilders Do Not Owe a Duty of Care to Non-Original Homeowners

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Recently, the Arizona Court of Appeals answered another lingering question of paramount importance to the construction industry – whether homebuilders and other construction industry professionals may be indefinitely subject...more

Carlton Fields

2015 Florida Legislative Post-Session Report

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Carlton Fields Jorden Burt’s Government Law and Consulting Practice Group released its 2015 Florida Legislative Post-Session Report detailing significant bills that passed during the 2015 Regular Session of the Florida...more

Bilzin Sumberg

Sunset of Distressed Condominium Relief Act Extended

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The Distressed Condominium Relief Act enacted as Part VII of the Condominium Act in 2010 (“Act”) was a temporary measure to encourage absorption of unsold condominium units arising as a result of the Great Recession. This...more

Best Best & Krieger LLP

Recent Court Decision Threatens to Expand Home Builders' Liability for Construction Defects

BB&K's Victor Wolf Examines the Fallout of Apellate Decision on California Law - For more than a decade, contractors and home builders have looked to Senate Bill 800, commonly known as the “Right to Repair Act,” as...more

Ervin Cohen & Jessup LLP

The Wood Eating Fungus “Poria” is in Southern California!

To Homeowners, Developers, Contractors, Architects, Engineers and Real Estate Professionals: If you are involved in the purchase, sale, management, construction or development of real property, you need to know about the...more

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