David Adelstein | Florida Construction Legal Updates Under Florida law, there is a claim dealing with the purchase and sale of residential real property known as a Johnson v. Davis or a non-disclosure claim: “[W]here the seller of a home knows of facts materially affecting the value of the property which are not readily observable and are not known to… Continue reading Asserting Non-Disclosure Claim Involving Residential Real Property and Whether Facts are “Readily Observable”
Tag: Construction Defect Claims
Developer Pre-Conditions in CC&Rs Limiting Ability of HOA to Make Construction Defect Claims, Found Unenforceable
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
Illinois Court Determines Duty to Defend Construction Defect Claims
Tred R. Eyerly | Insurance Law Hawaii Given the underlying allegations of damage to personal property, the court determined the insurer had a duty to defend. Certain Underwriters at Lloyd’s London v. Metropolitan Builders, Inc., 2019 Ill. App. LEXIS 979 (Ill. Ct. App. Dec. 18, 2019). Metropolitan was hired as the general… Continue reading Illinois Court Determines Duty to Defend Construction Defect Claims
Does the Florida Legislature Finally Have a Fix to Construction Defect Law?
Jeffrey S. Wertman | Berger Singerman Chapter 558 of the Florida Statutes contains a pre-suit notice and opportunity-to-repair process for construction defect claims. The statute was intended to be a more efficient, alternative dispute resolution mechanism involving a property owner providing written notice of claim to the responsible contractor, subcontractor, supplier, or design professional as… Continue reading Does the Florida Legislature Finally Have a Fix to Construction Defect Law?
You Can’t Always Get What You Want – “Economic Waste” in Construction Defect Claims
Michael L. Meyer | Taft The Rolling Stones’ Mick Jagger famously sang, “You can’t always get what you want, but if you try sometime, you’ll find you get what you need.” Jagger wasn’t singing about damages in construction defect litigation. But his message rings true, especially when the cost to repair a defect is high… Continue reading You Can’t Always Get What You Want – “Economic Waste” in Construction Defect Claims