Richard H. Glucksman and David A. Napper | Chapman Glucksman | May 25, 2017 On February 10, 2017, California’s Fourth District Court of Appeal held that if a builder fails to acknowledge receipt of a homeowner’s Notice of Claim within 14 days, as required by the Right to Repair Act (“SB800”), specifically California Civil Code §913, the… Continue reading Builder Must Respond To Homeowner’s Notice Of Claim Within 14 Days Even If Construction Defect Claim Is Not Alleged With The “Reasonable Detail” Required By California’s Civil Code – Blanchette v. Superior Court (2017) 8 Cal.App.5th 521
Tag: Construction Defect Claims
Question of Insurer’s Duty Hinges on Dictionary Definition
Samantha Joseph | Daily Business Review | April 7, 2017 A dispute before the Florida Supreme Court looks like it could play by the book, specifically Black’s Law Dictionary. At the heart of the case is a question on whether insurers have a duty to intervene on a client’s behalf during pre-litigation efforts involving construction… Continue reading Question of Insurer’s Duty Hinges on Dictionary Definition
Construction Defect Claims– Good Workmanship Defined
J. Norman Stark | March 6, 2017 Construction contracts and documents prepared by architects and engineers most frequently use and refer to the term “workmanlike manner”. This term, an industry standard, refers to the desired and acceptable standard of quality of work and materials on a construction project. While courts may vary in their findings;… Continue reading Construction Defect Claims– Good Workmanship Defined
Legal Matters: Potential Defense to Construction Defect Claims
Nick Dolejsi | Finance & Commerce | January 26, 2017 Anyone in the construction industry would likely acknowledge that litigation – and particularly construction defect litigation – is a part of doing business. But it is an expensive and time-consuming part of the business. The costs and likelihood of litigation increase when dealing with larger… Continue reading Legal Matters: Potential Defense to Construction Defect Claims
Consequential Damages Flowing from Construction Defect Not Covered Under Florida Law
Tred R. Eyerly | Insurance Law Hawaii | November 16, 2016 Interpreting Florida law, the United States District Court found there was no duty to defend a contractor against construction defect claims. Evanston Ins. Co. v. Dimmucci Dev. Corp. of Ponce Inlet, Inc., 2016 U.S. Dist. LEXIS 123678 (M.D. Fla. Sept 13, 2016). The insured… Continue reading Consequential Damages Flowing from Construction Defect Not Covered Under Florida Law