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?
Category: Construction Defects
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
Florida Courts Reaffirm Damages Must Be Calculated as of Date of Breach in Construction Defect Cases
Lindsay McCormick | Marshall Dennehey It has been well-settled in Florida that the proper measure of damages for a breach of contract claim is calculated as of the date of the breach. In terms of a construction defect claim, it is the date the construction defect occurred. Yet, we routinely see plaintiffs including significant markups… Continue reading Florida Courts Reaffirm Damages Must Be Calculated as of Date of Breach in Construction Defect Cases
How Construction Defect Claims in Florida Expand Beyond Pre-Suit Notices
Claims Pages Florida’s Chapter 558 statute was designed to streamline construction-defect disputes and reduce litigation by requiring property owners to notify contractors of alleged defects before filing a lawsuit. This notice must reference the statute and describe the defects with enough detail to inform the contractor of the general nature of the issue. In theory,… Continue reading How Construction Defect Claims in Florida Expand Beyond Pre-Suit Notices