Edward A. Jaeger, Jr. and William L. Doerler | White and Williams LLP | June 3, 2015 In Belasco v. Wells, 183 Cal. Rptr.3d 840, 234 Cal. App. 4th 409 (2015), the California Court of Appeals for the Second District addressed the question of whether a homeowner, when settling an administrative complaint against a licensed… Continue reading #5 – California Homeowners Can Release Future, Unknown Claims Against Builders
Tag: insurance claim
#6 – New Texas Statute Affecting Condominium Construction Defect Claims
David H. Fisk | Kane Russell Coleman & Logan PC | September 10, 2015 Before filing a lawsuit or initiating an arbitration proceeding pertaining to a construction defect, a condominium association in Texas with eight or more units must now comply with the newly added Section 82.119 to Chapter 82 of the Texas Property Code.… Continue reading #6 – New Texas Statute Affecting Condominium Construction Defect Claims
Depreciating Labor is Against Public Policy When Calculating Actual Cash Value
Chip Merlin | Property Insurance Coverage Law | December 14, 2015 The Arkansas Supreme Court ruled last week that depreciating labor is against public policy when calculating the actual cash value of a loss. This was despite insurance policy language permitting the practice. This will undoubtedly generate class action lawsuits against insurers engaged in this practice… Continue reading Depreciating Labor is Against Public Policy When Calculating Actual Cash Value
Differing Site Condition Defense Rejected
Joseph T. Imperiale and James M. Kwartnik, Jr. | Pepper Hamilton LLP | November 20, 2015 The Court of Appeals of Washington recently decided King County v. Vinci Construction Grands Projects/Parsons RCI/Frontier-Kemper, JV, a dispute between a joint venture contractor (the Contractor) and King County, Washington (the County). The dispute stemmed from problems that arose… Continue reading Differing Site Condition Defense Rejected
Limitations of Liability – The Elephant in the Room
Gregory Faulkner | Robinson Cole | October 14, 2015 This is the first post in the four-part series “Limitations of liability—The Elephant in the Room.” One or more of the following scenarios takes place in my office virtually every day: Scenario One: Owner client sends me an industry form construction contract and asks me to take a… Continue reading Limitations of Liability – The Elephant in the Room