David Adelstein | Florida Construction Legal Updates When there is a construction defect lawsuit, there is an insurance coverage issue or consideration. As I have said repeatedly in other articles, it is all about maximizing insurance coverage regardless of whether you are the plaintiff prosecuting the construction defect claim or the contractor(s) alleged to have committed the construction defect and… Continue reading Alleging Property Damage in Construction Defect Lawsuit
Tag: Construction Defect Litigation
What are the Most Commonly Claimed Issues in Construction Defect Litigation?
David M. McLain | Colorado Construction Litigation | March 14, 2019 As a lawyer that has spent his career defending against construction defect claims, one of the most common questions I get when counseling clients regarding risk management is: “What are the most commonly claimed issues in construction defect litigation?” Until very recently, my answer… Continue reading What are the Most Commonly Claimed Issues in Construction Defect Litigation?
Certificates of Review in Colorado Construction Defect Litigation
Daniel E. Evans and Kaitlin Marsh-Blake | Gordon Rees Scully Mansukhani | February 28, 2019 The requirement to file a certificate of review early in a lawsuit is often imposed for the purpose of preventing frivolous professional malpractice actions and avoiding unnecessary time and cost in defending such claims. These statutory obligations vary between states… Continue reading Certificates of Review in Colorado Construction Defect Litigation
Beware Design Professionals- Construction Defect Litigation is not just for Subcontractors Anymore
Allison M. Martin | Newmeyer & Dillion LLP | June 10, 2015 In Beacon Residential Community Assn v. Skidmore, Owings & Merrill LLP (2014) 59 Cal.4th 568, the California Supreme Court issued a broad ruling creating potentially extensive liability for architects who are the principal designers of residential projects. The Court held that such design… Continue reading Beware Design Professionals- Construction Defect Litigation is not just for Subcontractors Anymore
The Demise of the Economic Loss Rule in Construction Defect Litigation
Heather Howell Wright | Bradley Arant Boult Cummings | January 6, 2015 The Massachusetts Supreme Court recently held in Wyman v. Ayer Properties, LLC, that the “economic loss rule is not applicable to the damage caused to the common areas of a condominium building as a result of the builder’s negligence.” The Wyman decision is… Continue reading The Demise of the Economic Loss Rule in Construction Defect Litigation