Garret Murai | California Construction Law Blog Earlier this year I filed a complaint in a court which I won’t identify other than to say that it wasn’t the San Francisco Superior Court. Immediately upon filing the complaint the Court gave notice of a trial date. As counsel for the party bringing the action, I… Continue reading Deadlines. . . They’re Important. Project Owner Risks Losing Claim By Failing to Timely Identify “Doe” Defendant
Tag: Construction Defect Claims
Colorado’s Abbreviated Legislative Session Offers Builders a Reprieve
David McLain | Higgins, Hopkins, McLain & Roswell Would you believe me if I told you that this year could have been worse for builders? Had COVID-19 not hit, the Colorado Legislature may have passed bills that would have had a severely negative impact on the home building industry. In response to the COVID-19 pandemic,… Continue reading Colorado’s Abbreviated Legislative Session Offers Builders a Reprieve
Fifth Circuit Holds Insurer Owes Duty to Defend Latent Condition Claim That Caused Fire Damage to Property Years After Construction Work
Jeremy S. Macklin | Traub Lieberman Most general liability policies only provide coverage for “property damage” that occurs during the policy period. Thus, when analyzing coverage for a construction defect claim, it is important to ascertain the date on which damage occurred. Of course, the plaintiffs’ bar crafts pleadings to be purposefully vague as to… Continue reading Fifth Circuit Holds Insurer Owes Duty to Defend Latent Condition Claim That Caused Fire Damage to Property Years After Construction Work
Contractor’s Claim for Interest on Subcontractor’s Defective Work Claim Gains Mixed Results
John J. Gazzola | ConsensusDocs Skanska USA Bldg., Inc. v. J.D. Long Masonry, Inc., No. SAG-16-933, 2019 BL 336852, 2019 US Dist Lexis 152787 (D. Md. Sept. 9, 2019) This case concerns calculation of a damages award to a general contractor, Skanska USA Building, Inc., on its claim for breach of contract against its masonry… Continue reading Contractor’s Claim for Interest on Subcontractor’s Defective Work Claim Gains Mixed Results
Potential Extension of the Statutes of Limitation and Repose for Colorado Construction Defect Claims
David McLain | Colorado Construction Litigation On January 27th, Senator Robert Rodriguez introduced SB 20-138 into the Colorado Legislature. The bill has been assigned to the Senate Judiciary Committee and has not yet been scheduled for its first hearing in that committee. In short, Senate Bill 20-138, if enacted, would: 1) Extend Colorado’s statute of repose for construction defects from 6+2 years… Continue reading Potential Extension of the Statutes of Limitation and Repose for Colorado Construction Defect Claims