Alex Merritt and Michael B. Wilmar – November 21, 2011 This month the Second District Court of Appeal concluded that the developer of a condominium complex lacked standing to enforce the declaration of covenants, conditions, and restrictions (CC&R’s) after it had sold all the units in the complex. Western Pacific Housing and Playa Capital Company… Continue reading Condominium Developer Cannot Enforce CC&R’s After Selling All Units
Category: Construction Defects
Greystone Construction v. National Fire & Marine Insurance affects construction-defect coverage
November 21, 2011 On November 1, 2011, the Tenth Circuit Court of Appeals issued a ruling that will significantly impact construction-defect insurance coverage. In Greystone Construction, Inc. v. National Fire & Marine Insurance Co., the court addressed the definition of the term “accident,” as it relates to the meaning of the term “occurrence” in Commercial General… Continue reading Greystone Construction v. National Fire & Marine Insurance affects construction-defect coverage
Up to 300 More Homes to Be Repaired in Knauf Chinese Drywall Settlement
November 18, 2011 A new settlement has been reached with Knauf Plasterboard Tianjin (KPT) over defective drywall manufactured by the company in China. The Plaintiffs’ Steering Committee (PSC), the Homebuilder Steering Committee (HSC) and KPT announced that under a new agreement, KPT will partner with select major homebuilders to repair 200 to 300 homes these… Continue reading Up to 300 More Homes to Be Repaired in Knauf Chinese Drywall Settlement
Illinois court holds no duty to defend water intrusion claim
Brian Margolies – November 11, 2011 In its recent decision Lagestee-Mulder, Inc. v. Consol. Ins. Co., 2011 U.S. Dist. LEXIS 129308 (N.D. Ill. Nov. 8, 2011), the United States District Court for the Northern District of Illinois addressed what allegations must be made in a construction defect lawsuit in order to trigger coverage under a… Continue reading Illinois court holds no duty to defend water intrusion claim
Lead paint: the court throws the rental market into turmoil – Lexology
Thomas J. Whiteford and Christopher C. Jeffries – November 10, 2011 On October 24, 2011, Maryland’s highest court, the Court of Appeals, issued its decision in Jackson v. Dackman Co., and found that the immunity provisions of The Reduction of Lead Risk in Housing Act (the “Act”) are unconstitutional. Previously, the Act provided property owners with… Continue reading Lead paint: the court throws the rental market into turmoil – Lexology