David M. McLain – July 16, 2012 A recent opinion from the Colorado Court of Appeals is a cautionary tale concerning the calculation of pre-judgment interest. See Hendricks v. Allied Waste Transportation, Inc., 2012 WL 1881004 Colo. App. 2012. The Hendricks sued Allied after one of its drivers backed into the corner of their home… Continue reading Allowing the Use of a General Verdict form in a Construction Defect Case could Subject your Client to Prejudgment Interest.
Month: September 2012
Another Tool in the Fight in Construction Defects
Advise & Consult, Inc. – September 26, 2012 It has become pretty common to see advertising on TV and radio for CarFax, a tool that would be used car buyers can use to find out what, if anything, has happened to that particular car prior to them purchasing that car. They can find out if… Continue reading Another Tool in the Fight in Construction Defects
California Supreme Court Enforces Arbitration Provision in Construction Defect Case
Timothy J. Toohey – September 14, 2012 In our December 2011 Under Construction newsletter, we reported on the tendency of certain California courts to decline to enforce arbitration provisions in construction defect cases. See Arbitration in California Construction Defect Cases After AT&T Mobility v. Concepcion. As we noted, California courts have continued after the U.S.… Continue reading California Supreme Court Enforces Arbitration Provision in Construction Defect Case
Designation of Non-Parties at Fault in Construction Defect Cases is Not as Straightforward as it First Seems
Jonathan M. Allen In Colorado construction defect cases, defendants often designate non-parties at fault under a Colorado statute that allows for the fact-finder to apportion fault between parties and non-parties. See C.R.S. § 13-21-111.5(3). Issues frequently arise involving whether builders owe non-delegable duties of care, thus rendering designation of non-parties at fault improper, or whether… Continue reading Designation of Non-Parties at Fault in Construction Defect Cases is Not as Straightforward as it First Seems
The Strict Nature of Virginia Lien Apportionment Rules
Christopher Hill – August 29, 2012 As always, thanks to Scott for the kind invitation to guest post here. I always enjoy sharing a few nuggets of Virginia mechanic’s lien wisdom here at the Mechanic’s Lien Blog. Mechanic’s liens are near and dear to Construction Law Musings. Mechanic’s liens are a great weapon in the… Continue reading The Strict Nature of Virginia Lien Apportionment Rules