Creighton Dixon and Anthony Merrill | Snell & Wilmer The New Year is an opportunity to reset and reflect on your present condition and ways to improve. One thing all members of the construction industry, from owners to contractors, should do is check in on their insurance policies and consider if they have appropriate coverage.… Continue reading An Insurance Check Up for the Construction Industry
Month: February 2023
New California Time-Limited Demand Statute for Insurance Claims Effective Now
Chad W. Dunham | PropertyCasualtyFocus In an effort to promote early resolution of claims and remove ambiguity in bad faith litigation, the California legislature recently passed Senate Bill 1155. Effective January 1, 2023, the bill creates California Code of Civil Procedure Section 999 et seq., a set of rules detailing form requirements for time-limited demands, demand… Continue reading New California Time-Limited Demand Statute for Insurance Claims Effective Now
A New Year’s Resolution: More Consideration of Time Limits
Karl F. Oles | Stoel Rives In a purely cooperative world, construction contracts would be unnecessary. If the owner or contractor caused a problem, the party would admit fault and make amends. Unfortunately, we do not live in a purely cooperative world. Owners and contractors have adverse interests, and responsibility for problems is not always… Continue reading A New Year’s Resolution: More Consideration of Time Limits
Repairs Performed Years After Completion Do Not Toll Statute Of Repose
Andrew Kessler | Wood Smith Henning & Berman In Venema v. Moser Builders, Inc., 2370 EDA 2021 (Pa. Super. Ct. Aug. 29, 2022), the Superior Court held that the Statute of Repose was not tolled by repairs made several years after the certificate of occupancy was issued. Homeowners are not entitled to unilaterally dictate an extended… Continue reading Repairs Performed Years After Completion Do Not Toll Statute Of Repose
Economic Waste Doctrine and Construction Defects / Nonconforming Work
David Adelstein | Florida Construction Legal Updates I recently did a presentation on the economic waste doctrine. It is an applicable doctrine dealing with construction defects and nonconforming work. When it comes to construction defects and nonconforming work, EVERYTHING starts with your measure of damages. How are you going to prove your damages? Next, what evidence are you going to… Continue reading Economic Waste Doctrine and Construction Defects / Nonconforming Work