Michael R. Holt, Erin Weinstock and Katherine Becerra | Rumberger Kirk On Jan. 1, 2025, the Florida Rules of Civil Procedure changed dramatically. The new rules and amendments are designed to enhance efficiency and impact the setting of cases for trial, case management, discovery practice, summary judgment, and more. Broadly speaking, the new rules attempt… Continue reading Adapting to Change: New Rules of Civil Procedure Require New Considerations for Construction Attorneys
Category: Construction Defects
Coverage for Defective Workmanship Not Restored by Ensuing Loss Provision
Paul Ferland and Joshua Tumen | Property Insurance Law Observer In Bob Robison Commercial Flooring Inc. v. RLI Insurance Company (2025 WL 852889 (8th Cir. 2025), the United States Court of Appeals for the Eighth Circuit determined that an ensuing loss provision of a builder’s risk insurance policy did not restore coverage resulting from defective workmanship where… Continue reading Coverage for Defective Workmanship Not Restored by Ensuing Loss Provision
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
Alert for Contractors, Builders Insurers: Construction Defect Lawsuits Likely to Rise
Claims Journal A new report identifying commercial litigation waves likely to pick up steam in 2025 highlights one particular theme that could further lengthen the tail of general liability claims for insurers writing policies for contractors and builders. The 2025 “Commercial Litigation Outlook,“ published by the law firm Seyfarth Shaw provides an annual look at the… Continue reading Alert for Contractors, Builders Insurers: Construction Defect Lawsuits Likely to Rise
Make Sure You Comply with Florida’s Pre-Suit Notice Requirements for Construction Defects
David Adelstein | Florida Construction Legal Updates Welcome to Florida! If you deal with construction defects in Florida, then you know, or certainly should know, about Florida Statutes Chapter 558. Chapter 558 contains the pre-suit notice requirements before instituting a construction defect lawsuit. They are a “must know” if you practice in the construction defect world. While I may not be a… Continue reading Make Sure You Comply with Florida’s Pre-Suit Notice Requirements for Construction Defects