Cody Schneider | Peckar & Abramson Q. We completed a large commercial office project a few years ago, and defects are emerging with multiple trades. Their contractual warranties were for a year. Is there any way to force them back to correct their work even though we are past the year? A. Even though the… Continue reading Legal Q&A: Who is Responsible for Construction Defects?
Category: Construction Defects
Don’t Spoil It! The Line Between the Need for Repairs and Spoliation of Evidence
J. Daniel Weidner and Kaci M. Claborn | Koley Jessen When construction disputes arise, your first instinct may be to repair any defects immediately. However, acting too quickly can lead to unintended legal consequences. This issue, known as spoliation of evidence, occurs when evidence critical to a lawsuit is altered, destroyed, or otherwise not preserved. For… Continue reading Don’t Spoil It! The Line Between the Need for Repairs and Spoliation of Evidence
Who is Liable When Multiple Contractors Cause a Defect?
Clendening Johnson & Bohrer When a construction defect appears, many property owners want a clear answer to one question: who is responsible? On most Indiana building projects, many people take part in the work. General contractors, subcontractors, designers and suppliers can all share the blame. Because so many different hands touch a single project, liability… Continue reading Who is Liable When Multiple Contractors Cause a Defect?
The Economic Loss Rule and the Shifting Landscape of Construction Defect Law in Colorado
Miller Chasen and Sherman Robert | Otten Johnson Robinson Neff & Ragonetti On April 21, 2025, the Colorado Supreme Court handed down its decision in Mid-Century Ins. Co. v. HIVE Construction. This case provided a further articulation of the Court’s interpretation of the economic loss rule, a legal doctrine that broadly prevents certain plaintiffs from recovering… Continue reading The Economic Loss Rule and the Shifting Landscape of Construction Defect Law in Colorado
When Property Sellers Conceal Defects
Michael Haeberle | Patterson Law Firm When you buy a property, you trust the seller’s disclosures. But what happens when they conceal major defects? A recent court decision shows why a summary judgment was reversed, emphasizing that credibility is key. This case highlights the costly consequences of real estate misrepresentation. Buying or selling property is… Continue reading When Property Sellers Conceal Defects