What happens when a New Home Buyer purchases a home that has been involved in Chapter 40 (CD) litigation? It’s a question that remains unanswered. With over 5,000 Chapter 40 lawsuits filed in Northern Nevada since the current law was enacted in 1995, there are thousands of homes that have undergone or are currently… Continue reading Exposing Construction Defect Litigation
Construction Law Alert: Lien Waivers Sink Bond Claim
If you’re not being paid, then don’t provide lien waivers saying that you are. That’s the clear lesson in a recent case, J.H. Larson Electrical Company v. Rochon Corporation. In J.H. Larson, the Minnesota Court of Appeals rejected the bond claim of an electrical subcontractor’s supplier because the general contractor had relied upon full lien… Continue reading Construction Law Alert: Lien Waivers Sink Bond Claim
Who is at Fault for Florida Construction Defects?
Florida has a comparative fault statute that allows contractors the opportunity to split fault with other parties that may be partially to blame for construction defects, unless the other parties caused the damage by committing an intentional tort. When Floridians picture their dream house, one thing that doesn’t cross their minds is that their ideal… Continue reading Who is at Fault for Florida Construction Defects?
Jury Waivers: an Alternative to Arbitration
The practice of requiring employees to sign mandatory arbitration agreements has become more widespread, and the enforceability of those agreements are routinely accepted by the courts. The pros and cons that are typically associated with arbitration include the following: Avoidance of Juries: Conventional wisdom is that arbitrators tend to be both more predictable in decision… Continue reading Jury Waivers: an Alternative to Arbitration
Managing Soil Vapor Intrusion Risks In Real Estate Transactions
In 1989, after years of investigation and study, the U.S. EPA (“EPA”) finally selected a remedy for the Middlefield-Ellis-Whisman (“MEW”) area in Mountain View, California, one of the largest Superfund sites in the country. Five years later, the EPA concluded that the remedy at MEW was not adequate to prevent the migration of contaminated vapors… Continue reading Managing Soil Vapor Intrusion Risks In Real Estate Transactions