Alexa Stephenson and Ivette Kincaid | Kahana Feld In the early 2000’s, Owner-Controlled Insurance Programs (OCIP) or WRAPS, were traditionally used in large commercial projects of over $50 million in construction costs. As construction defect lawsuits became more prevalent, subcontractors found themselves unable to meet the insurance requirements of their contracts with developers and general… Continue reading Navigating the Construction Burrito: OCIP Policies in California’s Construction Defect Cases
Tag: construction defects
Beyond the Statute: How the Colorado Court Upheld Modified Accrual in Construction Contracts
Hal Baker | Higgins, Hopkins, McLain & Roswell In a case of first impression, the First Division of the Colorado Court of Appeals recently reviewed whether parties may contractually alter the accrual time established by Colorado’s statute of limitations for construction defect actions, C.R.S. § 13-80-104, in South Conejos Sch. Dist. RE-10 v. Wold Architects, Inc.,… Continue reading Beyond the Statute: How the Colorado Court Upheld Modified Accrual in Construction Contracts
Being the Bearer of Bad News (Sounding the Alarm on Construction Issues Early and Often) (Law Note)
Melissa Dewey Brumback | Construction Law in North Carolina Our recent look into termination brings up another issue important to architects and engineers– how to sound the alarm about construction or building code violations. Sometimes, a project owner may be so focused on project completion that they want to overlook the sub-par work that may… Continue reading Being the Bearer of Bad News (Sounding the Alarm on Construction Issues Early and Often) (Law Note)
In Pennsylvania, Contractors Can Be Liable to Third Parties for Obvious Defects in Completed Work
Michael DeBona | The Subrogation Strategist In Brown v. City of Oil City, No. 6 WAP 2022, 2023 Pa. LEXIS 681 (2023), the Supreme Court of Pennsylvania (Supreme Court) recently held that a contractor can be liable for dangerous conditions it creates even if the hazard is obvious or known by the property owner. In City of Oil… Continue reading In Pennsylvania, Contractors Can Be Liable to Third Parties for Obvious Defects in Completed Work
Liability in Washington: Who Pays for Construction Defects that Pose Safety Risks?
Matthew Mues | Davis Wright Tremaine The rule of thumb in Washington state has been that contractors and developers cannot be held liable in negligence for construction defects.[1] However, an unpublished decision filed December 12, 2022, by the Washington Court of Appeals in SOP, LLC v. DWP General Contracting, Inc. casts new light on this line of thought.[2]… Continue reading Liability in Washington: Who Pays for Construction Defects that Pose Safety Risks?