Andreea Custurea and Thomas Fama | Wood Smith henning & Berman In the case of River’s Side at Washington Sq. Homeowners Assn. v. Superior Court, 3d. Cir. No.C095860 (2023), a homeowners association successfully argued that it had standing to sue for construction defects on behalf of individual unit owners. Under the Right to Repair Act, homeowner… Continue reading HOA Has Standing To Bring A Claim On Behalf Of Homeowners For Construction Defect Claims
Tag: Construction Defect Claims
Design Defect Claims Cannot Defeat a Defense of Governmental Immunity Under Public-Building Exception
Marisa R. Brunetti | Plunkett Cooney What’s the difference between repairs, maintenance and design defects and which one does a school district need to worry about? The short answer to that question is that school districts need to worry about all of them. However, for purposes of asserting governmental immunity in order to avoid claims… Continue reading Design Defect Claims Cannot Defeat a Defense of Governmental Immunity Under Public-Building Exception
California Appeals Court Says No Duty to Defend Where Policy Exclusion Applies
Alex Purvis, Emily M. Ruzic and Amandeep S. Kahlon | Build Smart In Ali Heidari v. Golden Bear Insurance, a California appeals court recently affirmed a lower court’s decision to deny relief under a CGL policy, where the policy excluded from coverage work performed by subcontractors under the contractor’s warranty exclusion. Specifically, the appellate court upheld the trial… Continue reading California Appeals Court Says No Duty to Defend Where Policy Exclusion Applies
Subsequent Purchaser can Assert Claims for Construction Defects
David Adelstein | Florida Construction Legal Updates Can a subsequent purchaser pursue construction defect claims relating to the original construction of the property? This was the threshold issue on a motion for summary judgment by a drywall manufacturer against a subsequent purchaser of a home in Karpel v. Knauf Gips KG, 2022 WL 4366946 (S.D. Fla. 2022). This matter… Continue reading Subsequent Purchaser can Assert Claims for Construction Defects
Municipal Ordinances Create Additional Opportunities for the Defense of Construction Defect Claims in Colorado
Ricky Nolen | Higgins, Hopkins, McLain & Roswell Municipal ordinances may provide additional defenses for construction professionals where state law does not provide sufficient protection for Colorado’s builders. Colorado state law can be a minefield of potential liability for construction professionals. Even though the state legislature has stated that it must “recognize that Construction defect… Continue reading Municipal Ordinances Create Additional Opportunities for the Defense of Construction Defect Claims in Colorado