Timothy J. Toohey – September 14, 2012 In our December 2011 Under Construction newsletter, we reported on the tendency of certain California courts to decline to enforce arbitration provisions in construction defect cases. See Arbitration in California Construction Defect Cases After AT&T Mobility v. Concepcion. As we noted, California courts have continued after the U.S.… Continue reading California Supreme Court Enforces Arbitration Provision in Construction Defect Case
Category: Construction Defects
Another Tool in the Fight in Construction Defects
Advise & Consult, Inc. – October 4, 2012 It has become pretty common to see advertising on TV and radio for CarFax, a tool that would be used car buyers can use to find out what, if anything, has happened to that particular car prior to them purchasing that car. They can find out if… Continue reading Another Tool in the Fight in Construction Defects
Texas High Court Hands Victory to Austin Architect in Liability Case
Barry Harrell – August 31, 2012 The Texas Supreme Court on Friday handed a legal victory to Austin architect Sinclair Black as the high court declined to hear the appeal of a McKinney woman who was partially paralyzed in a 2004 balcony collapse that she had alleged was partly Black’s fault. By declining to hear… Continue reading Texas High Court Hands Victory to Austin Architect in Liability Case
Construction Defect Claims: An Update [Part 1]
Thomas F. Segalla, Matthew S. Lerner and Han K. Kim – October 1, 2012 Construction defect coverage and liability litigation continues to be jurisdictionally specific and dictated by the relevant terms, conditions, limitations, exclusions and endorsements contained in the policy of insurance at issue. An assessment of the cases reported in this update indicates that… Continue reading Construction Defect Claims: An Update [Part 1]
Allowing the Use of a General Verdict form in a Construction Defect Case could Subject your Client to Prejudgment Interest.
David M. McLain – July 16, 2012 A recent opinion from the Colorado Court of Appeals is a cautionary tale concerning the calculation of pre-judgment interest. See Hendricks v. Allied Waste Transportation, Inc., 2012 WL 1881004 Colo. App. 2012. The Hendricks sued Allied after one of its drivers backed into the corner of their home… Continue reading Allowing the Use of a General Verdict form in a Construction Defect Case could Subject your Client to Prejudgment Interest.