Advise & Consult, Inc. – September 26, 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
Category: Construction Defects
California Supreme Court Enforces Arbitration Provision in Construction Defect Case
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
Designation of Non-Parties at Fault in Construction Defect Cases is Not as Straightforward as it First Seems
Jonathan M. Allen 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 fault improper, or whether… Continue reading Designation of Non-Parties at Fault in Construction Defect Cases is Not as Straightforward as it First Seems
Construction Defect Litigation In California
Harry Kaladjian – August 20, 2012 We all have seen the massive tract housing developments that have sprung up in California, as well as the recent conversions of certain high rise commercial buildings that have been transformed into mixed-use residential condominiums. Upon completion of these developments and after a homeowner takes possession and notices some… Continue reading Construction Defect Litigation In California
Tips for Construction Defect Plaintiff Attorneys, and more… | The A/E/C Brief
Brian L. Hill – August 6, 2012 As I mentioned in my last newsletter, I attended LiMa Solutions’ VE-ADR 2012 conference in Key West, FL. This week, I am publishing the first in a series of posts with key take-away from the event. The first article is VE-ADR 2012: Emerging Strategies for Successful Construction Defect… Continue reading Tips for Construction Defect Plaintiff Attorneys, and more… | The A/E/C Brief