Garret Murai | California Construction Law Blog The Davis-Stirling Common Interest Development Act (Civ. Code §4000, et seq.), also known simply as “Davis-Stirling,” is a statute that applies to condominium, cooperative and planned unit development communities in California. The statute, which governs the formation and management of homeowners associations or HOAs, also governs lawsuits filed by… Continue reading Developer Pre-Conditions in CC&Rs Limiting Ability of HOA to Make Construction Defect Claims, Found Unenforceable
Category: Construction Claims
Exclusion for Construction of Condominiums Includes Faulty Construction of Retaining Wall
Tred R. Eyerly | Insurance Law Hawaii The exclusion for suits arising out of construction of condominiums encompassed the underlying claim for faulty construction of a retaining wall. HT Serv., LLC v. Western Heritage Ins. Co., 2021 U.S. App. LEXIS 16259 (10th Cir. June 1, 2021). HT Services was a land developer.… Continue reading Exclusion for Construction of Condominiums Includes Faulty Construction of Retaining Wall
Risk Assessment — Construction Claims: How to Calculate the Recoverable Costs and Damages
Amandeep Kahlon | Bradley Arant Boult Cummings When negotiating a complex change order or preparing to litigate a claim, calculating actual recoverable costs incurred can be a difficult exercise. You will want to first review your contract to determine what kinds of costs are compensable. For example, the change order provision of your contract may provide… Continue reading Risk Assessment — Construction Claims: How to Calculate the Recoverable Costs and Damages
Five Tips To Help Navigate The Insurance Claims Process
Courtney Alvarez, Andrew Reidy and Joseph Saka | Lowenstein Sandler Companies purchase liability insurance, often referred to as “litigation insurance,” to help manage the risk of lawsuits they may face. Most policyholders understand that they need to provide notice of claims, but there are a number of parts of the insurance claims process that are… Continue reading Five Tips To Help Navigate The Insurance Claims Process
A New Roadmap to a Familiar Journey: The ASCE Standard on Loss of Productivity
Frederick E. Hedberg | American Bar Association As the construction industry recovers from and adjusts to the effects of the COVID-19 pandemic and prepares for a new normal, post-COVID world, claims for losses of productivity on projects that were in progress when COVID-19 struck will likely increase due to contractors performing work under conditions far… Continue reading A New Roadmap to a Familiar Journey: The ASCE Standard on Loss of Productivity