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: Design Defects
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
Washington Supreme Court Clarifies Affirmative Defense of Design Defects
Kate H. Kennedy | Davis Wright Temaine In a recent ruling, the Washington Supreme Court confirmed and clarified the ability of contractors to shield themselves from liability for construction claims arising out of defects in owner-provided plans and specifications. This rare decision on contractor liability provides guidance on the burdens and limits of the design… Continue reading Washington Supreme Court Clarifies Affirmative Defense of Design Defects
Future 2018 IBC Amendments Made Early Due to the Library Gardens Apartment Tragedy
Remi Kern | Quality Built | October 31, 2017 On June 16, 2015, a balcony collapsed at the Library Gardens apartment’s in Berkeley, CA, resulting in six dead and seven injured. Allegations included design defects, installation defects, failure to follow material specifications, inappropriate use of balcony, and lack of maintenance. The end-game of faulty construction… Continue reading Future 2018 IBC Amendments Made Early Due to the Library Gardens Apartment Tragedy
Ninth Circuit Resolves Federal/State Court Split Regarding Whether “Latent” Defects Discovered After Duration of Warranty Period are Actionable under California’s Lemon Law Statute
Laura C. Williams and R. Bryan Martin | Haight Brown & Bonesteel | December 14, 2015 In Daniel v. Ford Motor Company (filed 12/02/15), the Ninth Circuit resolved a federal and state court split on the issue of whether consumers can sustain a breach of implied warranty claim under California’s Song Beverly Consumer Warranty Act… Continue reading Ninth Circuit Resolves Federal/State Court Split Regarding Whether “Latent” Defects Discovered After Duration of Warranty Period are Actionable under California’s Lemon Law Statute