Melissa Kenney | The Subrogation Strategist In Gallery Community Association v. K. Hovnanian at Gallery LLC, No. 1 CA-CV 23-0375, 2024 Ariz. App. Unpub. LEXIS 696 (Ct. App.), the Court of Appeals of Arizona (Court of Appeals) discussed whether a homeowners’ association can file an action for breach of the implied warranty of workmanship and habitability arising from… Continue reading Arizona Court Affirms Homeowners’ Association’s Right to Sue Over Construction Defects
Month: October 2024
Split Decision: Florida Districts Clash Over Insurance Coverage for Unperformed Repairs
Tiffany Bustamante | Property Insurance Law Observer In the recent decision Universal Property & Casualty Insurance Co. v. Qureshi, the Florida Fourth District Court of Appeal held that homeowners cannot recover replacement cost benefits unless they have incurred expenses for repairs. The court emphasized that under both the insurance policy’s plain language and Florida Statute §627.7011(3)(a),… Continue reading Split Decision: Florida Districts Clash Over Insurance Coverage for Unperformed Repairs
People’s Trust Managed Repair Clause Survives Another Florida Legal Challenge
William Rabb | Insurance Journal After at least three appeals court decisions in the last four years, homeowner lawsuits that take issue with a Florida insurance carrier’s managed repair program may finally have run their course. “It really should” be a nail in the coffin for similar complaints by policyholders, said Josh Beck, one of… Continue reading People’s Trust Managed Repair Clause Survives Another Florida Legal Challenge
One-Sided Arbitration Clauses: New Mexico Court Decides Fight Between Contractor and Subcontractor
Matthew DeVries | Best Practices Construction Law As a single dad of seven, resolving daily disputes is a common occurrence in my house. Whether it’s whose turn it is to pick the next Netflix stream or who gets the last Crumbl cookie, disagreements are inevitable. Fortunately for my kids, they don’t need to go to an arbitrator or judge… Continue reading One-Sided Arbitration Clauses: New Mexico Court Decides Fight Between Contractor and Subcontractor
Mistake No. 7 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Paying Attention to Your Arbitrator or Judge During a Hearing
David Taylor | BuildSmart I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or arbitrator in construction disputes. To be clear, I have made my share of… Continue reading Mistake No. 7 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Paying Attention to Your Arbitrator or Judge During a Hearing