Jose A. Aquino | Duane Morris On February 13, 2025, the Appellate Division of the Supreme Court of the State of New York entered a ruling in the case of Alarcon v. Henry, highlighting the significance of adhering to the doctrines of res judicata and election of remedies. The plaintiff entered into a contract with HKH… Continue reading Legal Doctrines: The Role of Res Judicata and Election of Remedies in a Construction Dispute
Navigating Construction Defect Claims and Statutes of Limitation: Key Lessons from Stoecklein v. Fayette Farms
David McLain | Higgins, Hopkins, McLain & Roswell In the recent Colorado Court of Appeals decision Stoecklein v. Fayette Farms, LLC (2024 WL 5098330), the Court addressed critical issues surrounding construction defect claims, statutes of limitations, and the interplay between the Colorado Consumer Protection Act (“CCPA”) and the Construction Defect Action Reform Act (“CDARA”). This case underscores… Continue reading Navigating Construction Defect Claims and Statutes of Limitation: Key Lessons from Stoecklein v. Fayette Farms
Follow the Dispute Resolution Provision(s) in Your Contract
David Adelstein | Florida Construction Legal Updates When you are in a dispute, one of the first things you want to look at is the dispute resolution provision(s) in your contract. What does the provision(s) say? (There could be more than one provision.) Do you need to mediate first? Are disputes decided via arbitration or litigation?… Continue reading Follow the Dispute Resolution Provision(s) in Your Contract
Shifting the Risk of Shifting Sands: A Brief Introduction to Differing Site Condition Provisions
Jon Hollis | Sands Anderson When a contractor breaks ground on a construction project, unexpected conditions beneath the surface can be an expensive surprise. Unanticipated water, rock, or differing soil types can throw budgets and timelines into disarray. Differing Site Condition (DSC) provisions in construction contracts generally place the risk of these unforeseen conditions on… Continue reading Shifting the Risk of Shifting Sands: A Brief Introduction to Differing Site Condition Provisions
California Courts Continue to Grapple with What Constitutes Wildfire “Direct Physical Loss or Damage”
Robyn Anderson, Nancy Sher Cohen and Michael Gonzales | Lathrom GPM Overview of Issues In Gharibian et al., v. Wawanesa General Insurance Company, the California Second District Court of Appeal found that, under California law, the insureds failed to prove smoke, soot, ash and fire debris on covered property constituted “direct physical loss to property” as… Continue reading California Courts Continue to Grapple with What Constitutes Wildfire “Direct Physical Loss or Damage”