Jacob C. Cohn, Joseph A. Arnold and Scott B. Galla – October 23, 2012 On October 12, 2012, the Ohio Supreme resolved a long simmering conflict among Ohio’s intermediate appellate courts by answering the following certified question: Are claims of defective construction/ workmanship brought by a property owner claims for “property damage” caused by an… Continue reading Ohio Supreme Court Rules That Claims Of Defective Workmanship Against A Builder Do Not Constitute An Occurrence Under A CGL Policy
Category: Construction Defects
Washington State Construction Defect Cures–No Rights Without Notice
George Ahrend and Matt Albrecht – October 26, 2012 In a word, no. In Washington, contractors generally have no right to cure construction defects before they can be sued. BUT, and this is a big but, the contractor has a right to insist on this if they follow specific statutory notice requirements. For homeowners and… Continue reading Washington State Construction Defect Cures–No Rights Without Notice
Claim for Damages for Defective Work
John A. Stewart – October 1, 2012 Dr. John and Christine Taylor contracted with Randy Rivera to prepare plans for the construction of a new home in Crowley, Louisiana. Leger Construction, LLC was the general contractor. Post-Tension Slabs, Inc. built the foundation. Roy Carubba, an engineer, contracted with Post-Tension to design the foundation. Defects were… Continue reading Claim for Damages for Defective Work
Designation of Non-Parties at Fault in Construction Defect Cases is not as Straightforward as it First Seems
Jonathan M. Allen – September 14, 2012 In Colorado construction defect cases, defendants often designate non-parties at fault under a Colorado statute that allows for the fact-finder to apportion fault between parties and non-parties. See C.R.S. § 13-21-111.5(3). Issues frequently arise involving whether builders owe non-delegable duties of care, thus rendering designation of non-parties at… Continue reading Designation of Non-Parties at Fault in Construction Defect Cases is not as Straightforward as it First Seems
Is Noticing a Crack Really “Notice”?
Katherine L. Heckert – September 20, 2012 Imagine a homeowner repairs a small crack in the wall, only to find more minor cracks months later, gradually increasing in size, eventually revealing the truth: a significant foundation problem. In the ensuing construction defect litigation, the court must determine if the first crack put the homeowner on… Continue reading Is Noticing a Crack Really “Notice”?