John R. Teare, Jr. | Spilman Thomas and Battle | May 18, 2015 In residential construction, problems can arise with customers that cause expensive litigation. In West Virginia, a right to cure in residential construction by statute can alleviate such costs. The statutory term is residential improvement, which is defined as: the construction of a residential… Continue reading Righting a Wrong in West Virginia – The Residential Construction Right to Cure
Month: June 2015
Appointing An Umpire for an Appraisal–Do You Have To File a Lawsuit?
Chip Merlin | Property Insurance Coverage Law Blog | May 27, 2015 I listened carefully to a speech, Point/Counter Point – Update on Appraisal and Insurable Interest Principles of Property Insurance Procedures for the Public Adjuster, given by attorneys Jeffrey Diamond and Wayne Taylor last Tuesday at the Georgia Association of Public Insurance Adjusters Spring Conference.… Continue reading Appointing An Umpire for an Appraisal–Do You Have To File a Lawsuit?
Do Engineers Owe a Duty to Third Parties?
Craig Martin | Construction Contractor Advisor | May 25, 2015 A Texas Court of Appeals, in USA Walnut Creek, DST v. Terracon Consultants, Inc., recently ruled that an engineer owed a duty to the buyer of an apartment complex, even though the engineer had no contractual relationship with the buyer. This is an expansion of the… Continue reading Do Engineers Owe a Duty to Third Parties?
Watchdogs Fight ‘Insurance Immunity Act’
Ryan Kocian | Courthouse News Service | May 19, 2015 An insurance bill pending in the Texas Legislature would “gut the laws” so thoroughly that a citizens’ group calls it the “Insurance Immunity Act.” Senate Bill 1628 , by Sen. Larry Taylor, R-Friendswood, has passed in the Senate but has not yet been voted on… Continue reading Watchdogs Fight ‘Insurance Immunity Act’
Requirements Tighten for Construction Defect Claims
Michael N. Kreitzer and Brandon P. Rose | Homebuilder Legal | April 6, 2015 The Florida Senate is following a recent national trend of tightening its laws governing construction defect claims. Currently, under FL. Stat. § 558.004, entitled Notice and Opportunity to Repair, a party claiming a construction defect must serve a notice of claim… Continue reading Requirements Tighten for Construction Defect Claims