September 13, 2013 A recent state appellate court ruling that California’s Right to Repair Act is not the exclusive remedy for homeowners for actual damages resulting from construction defects will increase homeowner suits over defective construction, predicts David Frenznic, an attorney with the Sacramento law firm Wilke, Fleury, Hoffelt, Gould & Birney LLP. Although the… Continue reading Attorney Predicts More Lawsuits Over Home Defects
Month: September 2013
There’s More Than One Way to Skin a Cat When it Comes to Actual Damages Under SB 800
Garret Murai – September 10, 2013 In 2002, the California State Legislature enacted S.B. 800 also known as the “Right to Repair Act” (Civil Code sections 895 et seq.). SB 800, which applies to newly constructed single-family residences sold after January 1, 2003, was intended to curb construction defect lawsuits by giving developers an opportunity… Continue reading There’s More Than One Way to Skin a Cat When it Comes to Actual Damages Under SB 800
Conditions Precedent To Dispute Resolution: A Help Or A Hindrance?
Stanley Martin – September 10, 2013 The AIA A201 General Conditions posit the architect’s decision on a claim as a condition precedent to arbitration of that claim. A recent New York appellate decision demonstrates why this clause, employed as a roadblock many years after the dispute arose, should be modified by the AIA. In 2013,… Continue reading Conditions Precedent To Dispute Resolution: A Help Or A Hindrance?
A Cautionary Insurance Tale for Project Owners
Stan Martin – September 4, 2013 The contractor’s excavator digging the foundation for a new building undermines the abutting building, which collapses, and a worker is injured. In the subsequent lawsuits, one by the abutter and one by the injured worker, the project owner tenders the defense to its GL carrier. The carrier eventually gets… Continue reading A Cautionary Insurance Tale for Project Owners
New Jersey Mediation Settlements Must Be Reduced to Writing
Robert Trautman – September 8, 2013 Most people battling their insurance carrier over Hurricane Sandy claims have received a notice that they are entitled to participate in a nonbinding mediation process set up by the Department of Banking and Insurance. A recent New Jersey Supreme Court ruling mandates that any settlement reached in this or… Continue reading New Jersey Mediation Settlements Must Be Reduced to Writing