Ryan Bennett | The Subrogation Strategist In Zambrano v. M & RC II LLC, et al., 2022 Ariz. LEXIS 309, the Supreme Court of Arizona held that a homebuilder and homebuyer could not waive or disclaim the implied warranty of workmanship and habitability. While the court would normally enforce a contract between two parties – even… Continue reading Public Policy Prevails: Homebuilders and Homebuyers Cannot Agree to Disclaim Implied Warranty of Habitability in Arizona
Month: November 2022
Florida’s 25% Roofing Rule
Mike Rimoldi, William C. Bracken and Dave L. Compton | J.S. Held Florida’s 25% Reroofing Rule, found in the 2020 (Seventh Edition) Florida Building Code– Existing Building Edition’s Chapter 7 Section 706 EXISTING ROOFING and as modified by Florida Legislature’s SB 4-D. Background While the “25% rule” has been in the Florida Building Code (FBC)… Continue reading Florida’s 25% Roofing Rule
Hurricane Ian: Discussing Wind-Water Disputes
Randy Maniloff | White and Williams “Most of the Florida homes in the path of Hurricane Ian lack flood insurance, posing a major challenge to rebuilding efforts, new data show. In the counties whose residents were told to evacuate, just 18.5 percent of homes have coverage through the National Flood Insurance Program, according to Milliman,… Continue reading Hurricane Ian: Discussing Wind-Water Disputes
Between a Rock and a Hard Place: Condominiums with Substantial Structural Deterioration
Kevin Koushel | Bilzin Sumberg For five months now, Florida condominiums with buildings that are three stories or higher have been on notice of F.S. §553.899, a new statute adopted within Senate Bill 4-D (“S.B. 4-D”) that requires periodic milestone inspections. This controversial legislation was enacted in response to the tragic collapse of Champlain Towers… Continue reading Between a Rock and a Hard Place: Condominiums with Substantial Structural Deterioration
Construction Dust is Pollution?
Heather Howell Wright | Bradley A recent insurance coverage decision from the United States District Court for the Northern District of Georgia highlights the difficulties of court interpretation of insurance policies and serves as a warning for contractors regarding application of the Absolute Pollution Exclusion in a General Liability Policy. The case involves injuries sustained… Continue reading Construction Dust is Pollution?