Jason E. Handin | Daily Business Review | October 26, 2016 The outcome of construction defect lawsuits often comes down to the validity of expert witness testimony and — most importantly — project documentation. The chances of overcoming a construction defect claim without the documents that detail the entire life of the project in question… Continue reading Construction Defect Lawsuits Often Hinge on Document Retention
Timothy W. Gordon | Holland & Hart LLP | October 21, 2016 Piecemeal appellate-court decisions have put developers and contractors in a catch-22 with respect to the timing of indemnification claims against their subcontractors. Their indemnification claims against subcontractors might be barred by the two-year statute of limitations unless they wait until after the underlying… Continue reading Statute of Limitations Can Bar Indemnification Claims If Brought Too Soon
John P. Ahlers | Ahlers & Cressman | October 13, 2016 Statutes of limitations are distinct from statutes of repose. There is a lot of confusion between the two. Generally, a statute of limitations is a law which sets the maximum period of time which one can wait before filing a lawsuit, depending on the… Continue reading Oregon Court of Appeals Rules That Negligent Construction (Construction Defect) Claims Are Subject to a Two-Year Statute of Limitations
Kevin Pollack | Property Insurance Coverage Law Blog | October 22, 2016 In California, if a property insurance policy does not specifically require a collapse to be complete or actual falling down to trigger coverage, then an imminent (i.e., impending) collapse will probably trigger coverage.1 However, on the flipside, if a policy does specifically require… Continue reading Do All Insurance Policies Require a Total Collapse to Trigger Collapse Coverage?
Michael L. DeBong | The Subrogation Strategist | October 20, 2016 In Beaufort Builders, Inc. v. White Plains Church Ministries, Inc., 783 S.E.2d 35 (N.C. Ct. App. 2016), the Court of Appeals of North Carolina addressed whether the economic loss rule barred the negligence claim of White Plains Church Ministries, Inc. (White Plains) against Charles… Continue reading Economic Loss Doctrine Bars Negligence Claim Against Building Company Owner, Individually