Garret Murai | California Construction Law Blog | November 13, 2017 I read once that 97 percent of cases never go to trial. However, there are still the ones that do. And, then, there are the ones that do both. The following case, Global Modular, Inc. v. Kadena Pacific, Inc., California Court of Appeals for the Fourth District,… Continue reading Property Damage, Occurrences, Delays, Offsets and Fees. California Decision is a Smorgasbord of Construction Insurance Issues
Month: November 2017
If You Believe Your Appraisal Award Is Wrong – You Might Be Right
Jeff Zane | Property Insurance Coverage Law Blog | November 13, 2017 In theory, the appraisal process is intended to provide an efficient means of determining the cost to repair or replace damaged property. It is also intended to have a degree of finality – once the appraisal panel determines the amount of damages, the… Continue reading If You Believe Your Appraisal Award Is Wrong – You Might Be Right
Bad Faith Claim Handling – How to Avoid it Without Simply Paying All Insurance Claims
A. David Fawal | Butler Snow | November 7, 2017 “Bad faith” – just the sound of it can bring fear to even the most experienced claim adjuster. And for good reason. In many states, an allegation of bad faith in claim handling or a claim decision can bring with it the threat of punitive… Continue reading Bad Faith Claim Handling – How to Avoid it Without Simply Paying All Insurance Claims
In Dismissing Homebuyer’s Defective Construction Suit Against Contractor for Lack of Privity, Supreme Court of Utah Cautions Future Homebuyers to Obtain Express Assignment of all Available Warranties at Time of Acquiring Home
John J. Gazzola | Pepper Hamilton LLP | November 9, 2017 Tomlinson v. Douglas Knight Constr., Inc., 2017 Utah Lexis 132 (August 29, 2017) This case arises out of the construction of a residential property. Lot 84 Deer Crossing (“Lot 84”) purchased the property and contracted with Douglas Knight Construction, Inc. (“DKC”) to build a… Continue reading In Dismissing Homebuyer’s Defective Construction Suit Against Contractor for Lack of Privity, Supreme Court of Utah Cautions Future Homebuyers to Obtain Express Assignment of all Available Warranties at Time of Acquiring Home
Future 2018 IBC Amendments Made Early Due to the Library Gardens Apartment Tragedy
Remi Kern | Quality Built | October 31, 2017 On June 16, 2015, a balcony collapsed at the Library Gardens apartment’s in Berkeley, CA, resulting in six dead and seven injured. Allegations included design defects, installation defects, failure to follow material specifications, inappropriate use of balcony, and lack of maintenance. The end-game of faulty construction… Continue reading Future 2018 IBC Amendments Made Early Due to the Library Gardens Apartment Tragedy