David McLain | Higgins, Hopkins, McLain & Roswell In the recent Colorado Court of Appeals decision Stoecklein v. Fayette Farms, LLC (2024 WL 5098330), the Court addressed critical issues surrounding construction defect claims, statutes of limitations, and the interplay between the Colorado Consumer Protection Act (“CCPA”) and the Construction Defect Action Reform Act (“CDARA”). This case underscores… Continue reading Navigating Construction Defect Claims and Statutes of Limitation: Key Lessons from Stoecklein v. Fayette Farms
Tag: Construction Defect Litigation
Expert Can be Questioned on a Construction Standard, Even if Not Relied Upon
Garret Murai | California Construction Law Blog It’s not uncommon in construction defect litigation for each side retain one or more experts to give their opinion as to whether something was constructed in accordance with the standard of care. This usually results in what we legal practitioners call a “battle of the experts.” The California… Continue reading Expert Can be Questioned on a Construction Standard, Even if Not Relied Upon
Expert Can be Questioned on a Construction Standard, Even if Not Relied Upon
Garret Murai | California Construction Law Blog It’s not uncommon in construction defect litigation for each side retain one or more experts to give their opinion as to whether something was constructed in accordance with the standard of care. This usually results in what we legal practitioners call a “battle of the experts.” The California… Continue reading Expert Can be Questioned on a Construction Standard, Even if Not Relied Upon
Proposed Changes To Florida’s Statutes Of Limitations And Repose Would Greatly Impact Construction Defect Litigation
Elizabeth Ferguson and Taylor A. Naughton | Marshall, Dennehey, Warner, Coleman & Goggin A new bill has been proposed in the Florida Legislature that would amend the statutes of limitations and repose greatly impacting construction defect litigation. The original bill proposed to rewrite Fla. Stat. 95.11(3)(c) by completely eliminating the ten-year statute of repose for… Continue reading Proposed Changes To Florida’s Statutes Of Limitations And Repose Would Greatly Impact Construction Defect Litigation
Nevada Supreme Court Rules Insured Must Prove Coverage Owed in Construction Defect Litigation
Jim Sams | Claims Journal At least 14 construction defect lawsuits have been filed against developers and subcontractors that built thousands of Nevada homes. Two insurers issued commercial liability policies to cover such claims, but they didn’t agree on whether a prior-damage clause in one of the policies excluded coverage. Two U.S. District Court judges… Continue reading Nevada Supreme Court Rules Insured Must Prove Coverage Owed in Construction Defect Litigation