News & Analysis as of

Right To Cure Construction Defects

Bricker Graydon LLP

A contractor's right to cure will extinguish

Bricker Graydon LLP on

In Deborah Pavlescak. v. Ohio Concrete Resurfacing, Inc., the parties executed an agreement for the resurfacing of the garage floor owned by Ms. Pavlescak with natural stone flooring. After Ohio Concrete Resurfacing, Inc....more

Jaburg Wilk

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

Jaburg Wilk on

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 & Case LLP

Employer’s right to damages during defects notification period

White & Case LLP on

In a recent case the Singapore Court of Appeal upheld a decision that an employer may recover damages for rectifying defects even when it has not given the contractor the opportunity of doing so during the defects...more

White and Williams LLP

Not so Fast – Florida’s Legislature Overrules Gindel’s Pre-Suit Notice/Tolling Decision Related to the Construction Defect Statute...

White and Williams LLP on

As discussed in a prior blog post, in Gindel v. Centex Homes, 2018 Fla.App. LEXIS 13019, Florida’s Fourth District Court of Appeal held that when the plaintiffs provided a pre-suit notice in compliance with §558.004 of...more

White and Williams LLP

Florida’s Fourth District Appeals Court Clarifies What Actions Satisfy Florida’s Construction Defect Statute of Repose

White and Williams LLP on

In Gindel v. Centex Homes, 2018 Fla.App. LEXIS 13019, Florida’s Fourth District Court of Appeal recently concluded that the date on which the plaintiffs provided a pre-suit notice in compliance with §558.004 of Florida’s...more

Maynard Nexsen

Attention Contractors: The Right to Cure Act may still be alive!

Maynard Nexsen on

Perhaps you forgot about it, or maybe you just gave up on it; regardless, you will be happy to hear that the Right to Cure Act just may be alive. In an Order dismissing Plaintiffs’ claims, entered in the Charleston County...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

Spilman Thomas & Battle, PLLC

Righting a Wrong in West Virginia – The Residential Construction Right to Cure

In residential construction, problems can arise with customers that cause expensive litigation. In West Virginia, a right to cure in residential construction by statute can alleviate such costs. The statutory term is...more

Troutman Pepper

U.S. District Court in Pennsylvania Dismisses Owner’s Claim Against Performance Bond Surety – Repeated Instances of Poor...

Troutman Pepper on

Milton Reg’l Sewer Auth. v. Travelers Casualty & Surety Co., 2014 U.S. Dist. LEXIS 155419 (M.D. Pa. Nov. 3, 2014) - The United States District Court for the Middle District of Pennsylvania ruled that multiple...more

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