Lee Tomlinson | Adams and Reese On July 1, 2024, the time frame to report construction defects in the state of Florida shifts from 10 years to seven years, as the grace period ends for Florida Senate Bill 360. SB360 was signed into law last year by Gov. DeSantis. It effectively modifies Section 95.11(3)(c) (now designated… Continue reading Grace is (Almost) Gone – Florida Shortens Construction Defect Lawsuits to Seven-Year Window, Beginning July 1, 2024
Category: Construction Defects
Collapse Claim Fails Due To Defectively Designed Roof and Deck
Tred R. Eyerly | Insurance Law Hawaii The insured’s claim for collapse of his roof and deck failed due to defective design and other exclusions under the policy. Dudar v. State Farm & Cas. Co., 2024 U.S. Dist. LEXIS 52706 (N.D. Ga. Feb. 6, 2024). The insured submitted a claim to State… Continue reading Collapse Claim Fails Due To Defectively Designed Roof and Deck
Colorado Legislature Considers Pair of Bills Which May Impact Colorado Construction Defect Claims – What Homebuilders Need to Know
Blake Jackson and Amanda McKinlay | Snell & Wilmer The Colorado General Assembly is considering a pair of bills which would modify the liability and exposure of homebuilders in Colorado. HB24-1230: Protections for Real Property Owners, introduced in the House of Representatives, aims to further protect homeowners by expanding the statute of repose under which a… Continue reading Colorado Legislature Considers Pair of Bills Which May Impact Colorado Construction Defect Claims – What Homebuilders Need to Know
The Unexpected And Unwelcome: Defective Design And Changed Conditions Disputes
Christopher D. Cazenave | Jones Walker Last year, my construction colleague Neal Sweeney and I presented on a topic that is still a widely discussed question in the construction industry: who really pays for defective design? Despite contractual mechanisms to deal with them, defective design and changed (or differing site) conditions remain the most unexpected and unwelcome… Continue reading The Unexpected And Unwelcome: Defective Design And Changed Conditions Disputes
Construction Defects Coverage Update
Shantinique Brooks | Plunkett & Cooney Construction Defects – Eleventh Circuit (Florida Law) Southern-Owners Ins. Co. v. MAC Contractors of Florida, LLCNo. 23-11366, 2024 WL 1573685 (11th Cir. Apr. 11, 2024) The U.S. Court of Appeals for the Eleventh Circuit determined that an insurer had a duty to defend its insured on the basis that,… Continue reading Construction Defects Coverage Update