Andreea Custurea and Thomas Fama | Wood Smith henning & Berman In the case of River’s Side at Washington Sq. Homeowners Assn. v. Superior Court, 3d. Cir. No.C095860 (2023), a homeowners association successfully argued that it had standing to sue for construction defects on behalf of individual unit owners. Under the Right to Repair Act, homeowner… Continue reading HOA Has Standing To Bring A Claim On Behalf Of Homeowners For Construction Defect Claims
Month: April 2023
Construction Litigation Roundup: “You Win Some, You Lose Some”
Daniel Lund III | Phelps Dunbar You win some, you lose some. A surety and its principal (the general contractor) in litigation concerning an Air Force project in Nevada prevailed in the case and sought to recover their attorneys’ fees. The dispute involved a first-tier subcontractor and the related subcontract, which contained an attorneys’ fees… Continue reading Construction Litigation Roundup: “You Win Some, You Lose Some”
Another Judicial Reminder for Policyholders to Carefully Review Policy Language and Provide Timely Notice of a “Claim”
Stephen Foresta, Aaron Jaroff and Lee Royster | McGuireWoods Insurance policies invariably require insureds to submit timely written notice of a “Claim” made by third parties to obtain coverage from the insurer. A recent decision from the United States District Court for the Southern District of New York is yet another reminder that insureds need… Continue reading Another Judicial Reminder for Policyholders to Carefully Review Policy Language and Provide Timely Notice of a “Claim”
No Signature, No Problem: Texas Court Holds Contractual Subrogation Waiver Still Enforceable
Gus Sara | White and Williams In Chubb Lloyds Inc. Co. of Tex. v. Buster & Cogdell Builders, LLC, No. 01-21-00503-CV, 2023 Tex. App. LEXIS 676, the Court of Appeals of Texas, First District (Court of Appeals) considered whether the lower court properly dismissed the plaintiff’s subrogation case by enforcing a subrogation waiver in a construction… Continue reading No Signature, No Problem: Texas Court Holds Contractual Subrogation Waiver Still Enforceable
Sweeping Changes To “Bad Faith” In Florida
J. Blake Hunter | Butler Weihmuller Katz Craig After twelve (12) years of effort, and in what now seems like a blink of an eye during this legislative session, Governor DeSantis signed HB 837/SB 236 into law. This new legislation makes sweeping changes to “bad faith” law in Florida. This blog will summarize these changes… Continue reading Sweeping Changes To “Bad Faith” In Florida