James Yand | Miller Nash Generally, the implied warranty of the adequacy of the plans and specifications, also known as the Spearin Doctrine, allocates risk to the owner for any defect in the design of the project. This influential federal decision has been applied by state courts across the country, including its adoption as part of Washington… Continue reading Owner’s Design Defects Can Excuse Contractor’s Own Defective Performance
Tag: construction defects
Florida Legislature Proposes Significant Revisions to Construction Defect Statute
Ralf R. Rodriguez | Cozen O’Connor PROPOSED AMENDMENT TO STATUTE OF LIMITATIONS ELIMINATING THE 10-YEAR STATUTE OF REPOSE A new bill has recently been submitted to the Florida Senate (SB 2022-736) that proposes to amend Fla. Stat. § 95.11(3)(c) by eliminating the current statute of repose for latent claims, which requires an action be commenced… Continue reading Florida Legislature Proposes Significant Revisions to Construction Defect Statute
Nevada Supreme Court Clarifies Retroactive Nature of 10-Year Statute of Repose for Construction and Design Defects
Brian K. Walters | Gordon Rees Scully Mansukhani Does a legislative extension of a statute of repose for construction and design defect claims allow a claim to proceed even if the repose period in effect when the claim was filed barred that claim? On October 28, 2021, the Nevada Supreme Court answered this question in… Continue reading Nevada Supreme Court Clarifies Retroactive Nature of 10-Year Statute of Repose for Construction and Design Defects
Defects, Delays and Change Orders
Jacob A. Epstein | Construction Executive As every construction professional is aware, unexpected events and problems are guaranteed on every large project. Defects, delays and change orders are sure to arise, and depending on how they are dealt with and addressed at the time, they can either have minimal effects on the overall project or… Continue reading Defects, Delays and Change Orders
When Construction Defects Appear, Don’t Choose Between Rebuilding and Building Your Case
Curtis Martin | ConsensusDocs When construction defects occur during construction, they intensify pressure from a schedule that may already be tight. Defects must be analyzed, confirmed, removed, and replaced and this can be time consuming. Or course, a construction schedule rarely anticipates defects, demolition, and rework and the owner will still expect the project to… Continue reading When Construction Defects Appear, Don’t Choose Between Rebuilding and Building Your Case