Tag: Construction Defect Litigation
Construction Defect Litigation: Right to Repair Act (SB 800) Does Not Eliminate Common Law Remedies for Actual Damage to Residences
Mark Ellinghouse and Jon E. Goetz – September 5, 2013 California’s Right to Repair Act (also known as SB 800) provides court remedies for a homeowner when construction defects diminish the economic value of a home, even though no personal injuries or actual property damage have occurred. A recent California appellate court decision confirmed that… Continue reading Construction Defect Litigation: Right to Repair Act (SB 800) Does Not Eliminate Common Law Remedies for Actual Damage to Residences
Legal Matters: Avoiding the Headache of Defect Claims
Dan Heilman – February 18, 2013 Once a construction project is finished, most builders want the same thing: to move on to the next one. But builders occasionally face an impediment in the form of a defect claim filed by a project owner. Complaints of defective or poorly installed windows, water intrusion, inadequate ventilation and… Continue reading Legal Matters: Avoiding the Headache of Defect Claims
Construction Defect Litigation: The Claims
Wally Zimolong – January 28, 2013 An unfortunate side-effect from the mid-2000’s construction boom is claims regarding faulty workmanship and defective construction. Because defective construction work is often latent, it may take years before the damage the defect is causing becomes apparent. Therefore, defects for homes built several years ago are just becoming apparently and… Continue reading Construction Defect Litigation: The Claims
Construction Defect Claims: An Update [Part 1]
Thomas F. Segalla, Matthew S. Lerner and Han K. Kim – October 1, 2012 Construction defect coverage and liability litigation continues to be jurisdictionally specific and dictated by the relevant terms, conditions, limitations, exclusions and endorsements contained in the policy of insurance at issue. An assessment of the cases reported in this update indicates that… Continue reading Construction Defect Claims: An Update [Part 1]