Rebecca Dow | National Law Review | April 18, 2017 When negotiating a construction contract with a general contractor (GC), the owner/developer should be aware of, and address, a number of issues to attempt to mitigate or limit the risk of construction defect litigation for a residential project, including multi-family and for-rent residential apartment and… Continue reading Mitigation of Construction Defect Litigation- Top 10 Construction Contract Issues
Month: April 2017
Faulty House Inspection did not Cause Property Damage 11th Cir, Florida
Jody Nathan | Reinsurance Law Blog | April 19, 2017 In Auto-Owners Insurance Co. v. Ralph Gage Contracting Inc., the Kjellanders sued Gage after he inspected a house they wanted to buy and gave it a positive report. The Kjellanders claimed the house had mold and a bad HVAC system, and they wouldn’t have bought… Continue reading Faulty House Inspection did not Cause Property Damage 11th Cir, Florida
Appeals Court Rules Lower Court was Wrong to Dismiss Florida Homeowner’s Construction Defect Lawsuit
Charmaine Little | Florida Record | April 24, 2017 The 5th District Court of Appeal in Florida has ruled on behalf of a Florida homeowner in a defection case that a trial court was wrong to dismiss the case. Homeowner Timothy Busch filed for an appeal with the court after the Circuit Court for Lake… Continue reading Appeals Court Rules Lower Court was Wrong to Dismiss Florida Homeowner’s Construction Defect Lawsuit
Missouri Court of Appeals Upholds Acceptance Doctrine to Absolve General Contractor of Premises Liability
John A. Watt | Baker Sterchi Cowden & Rice LLC | April 21, 2017 In the case of Wilson v. Dura-Seal and Stripe, the Missouri Court of Appeals for the Eastern District held that the “acceptance doctrine” is still valid law in Missouri, and bars liability against a construction contractor for the injury of a… Continue reading Missouri Court of Appeals Upholds Acceptance Doctrine to Absolve General Contractor of Premises Liability
Question of Insurer’s Duty Hinges on Dictionary Definition
Samantha Joseph | Daily Business Review | April 7, 2017 A dispute before the Florida Supreme Court looks like it could play by the book, specifically Black’s Law Dictionary. At the heart of the case is a question on whether insurers have a duty to intervene on a client’s behalf during pre-litigation efforts involving construction… Continue reading Question of Insurer’s Duty Hinges on Dictionary Definition