David M. McLain – July 16, 2012 A recent opinion from the Colorado Court of Appeals is a cautionary tale concerning the calculation of pre-judgment interest. See Hendricks v. Allied Waste Transportation, Inc., 2012 WL 1881004 Colo. App. 2012. The Hendricks sued Allied after one of its drivers backed into the corner of their home… Continue reading Allowing the Use of a General Verdict form in a Construction Defect Case could Subject your Client to Prejudgment Interest.
Tag: construction defect
Construction Defect Litigation In California
Harry Kaladjian – August 20, 2012 We all have seen the massive tract housing developments that have sprung up in California, as well as the recent conversions of certain high rise commercial buildings that have been transformed into mixed-use residential condominiums. Upon completion of these developments and after a homeowner takes possession and notices some… Continue reading Construction Defect Litigation In California
Judge Gives OK to Raze Flawed Vegas Hotel Tower
Ken Ritter – July 19, 2012 A Nevada state judge gave the go-ahead Thursday for casino giant MGM Resorts International to implode a flawed hotel tower that was partially built but never opened as the centerpiece of the glittering $8.5 billion CityCenter project on the Las Vegas Strip. Clark County District Court Judge Elizabeth Gonzalez’s… Continue reading Judge Gives OK to Raze Flawed Vegas Hotel Tower
A Case for Expanding the Use of Pass-Through Claims
Benton T. Wheatley & Jessica Neufeld – April 18, 2012 In construction cases, owners must often deal with claims made against it by contractors, despite the fact that the claim may really be a design professional’s fault. Common contracts may also prevent all three parties — contractor, owner, and design professional — from resolving the… Continue reading A Case for Expanding the Use of Pass-Through Claims
It is time to clarify that plaintiffs in construction defect cases cannot recover more than 100% of their actual damages.
Heather M. Anderson – January 5, 2012 Developers in Colorado could be facing more of an uphill battle than the economy. Attorneys for homeowners’ associations have conceived a new argument whereby they seek to hold the developer liable for one hundred percent of the damages in a construction defect action as a fiduciary under Colorado… Continue reading It is time to clarify that plaintiffs in construction defect cases cannot recover more than 100% of their actual damages.