Month: November 2014
The Jury is Still Out On The Effectiveness Of The “Calderon Process”
Kevin Collins and Walter Dauterman | Litigation Advocates | September 18, 2014 The State of California implemented the “Calderon Process” almost two decades ago. The hope was this pre-litigation “mediation” process would lower the cost, and increase the likelihood of early settlement, of construction defect disputes. The Calderon Process requires a homeowners’ association (“HOA”) to notify… Continue reading The Jury is Still Out On The Effectiveness Of The “Calderon Process”
Florida District Court of Appeal: Insurer’s Liability For Breach Of Contract Need Not Be Determined Before Bad Faith Claim Ripens
HOA does not Own Cause of Action for Alleged Solar Heat-Gain-Related Defects
Gregory T. Hanson | Gordon & Rees LLP | October 21, 2014 Over six years following the plaintiff HOA’s initial 2008 construction and design defect complaint, Beacon Residential v. Catellus Third and King, LLC, et al. continues to generate new law and to address legal issues of import and interest to those in the construction defect community.… Continue reading HOA does not Own Cause of Action for Alleged Solar Heat-Gain-Related Defects
U.S. District Court of Hawaii Holds That Claims Arising From Contractors Failure To Provide Metal Framing and Installation of Drywall Do Not Raise An “Occurrence” Under Insurance Policies
Traub Lieberman Straus & Shrewsberry LLP | October 22, 2014 In State Farm Fire & Cas. Co. v. RK Wooten, 2014 U.S. Dist. LEXIS 146196 (D. Haw. Oct. 14, 2014), the U.S. District Court of Hawaii recently determined that State Farm Fire & Casualty Insurance Company (“State Farm”) had no duty to defend or indemnify… Continue reading U.S. District Court of Hawaii Holds That Claims Arising From Contractors Failure To Provide Metal Framing and Installation of Drywall Do Not Raise An “Occurrence” Under Insurance Policies