Jodie Clark McDougal and Jackson G. O’Brien | Fredrikson When homeowners discover defective construction, it can be difficult to understand and remedy the issues. It can be even more difficult to determine which parties are responsible. The Iowa Court of Appeals recently offered some clarity in Yakel v. Wheeler, No. 23-0795, 2024 WL 3290371, at *1… Continue reading Iowa Court of Appeals Issues Opinion Shielding Home Designer From Liability Following Contractor’s Defective Work
Category: Construction Defects
No Coverage for Additional Insured for Construction Defect Claim
Tred R. Eyerly | Insurance Law Hawaii The Seventh Circuit affirmed the district court’s grant of summary judgment to the insurers, finding there was no coverage for the additional insured on a construction defect claim. St. Paul Guardian Ins. Co. v. Walsh Construction. Co., 2024 U.S. App. LEXIS 10285 (7th Cir. April 29, 2024). … Continue reading No Coverage for Additional Insured for Construction Defect Claim
Grace is (Almost) Gone – Florida Shortens Construction Defect Lawsuits to Seven-Year Window, Beginning July 1, 2024
Lee Tomlinson | Adams and Reese On July 1, 2024, the time frame to report construction defects in the state of Florida shifts from 10 years to seven years, as the grace period ends for Florida Senate Bill 360. SB360 was signed into law last year by Gov. DeSantis. It effectively modifies Section 95.11(3)(c) (now designated… Continue reading Grace is (Almost) Gone – Florida Shortens Construction Defect Lawsuits to Seven-Year Window, Beginning July 1, 2024
Collapse Claim Fails Due To Defectively Designed Roof and Deck
Tred R. Eyerly | Insurance Law Hawaii The insured’s claim for collapse of his roof and deck failed due to defective design and other exclusions under the policy. Dudar v. State Farm & Cas. Co., 2024 U.S. Dist. LEXIS 52706 (N.D. Ga. Feb. 6, 2024). The insured submitted a claim to State… Continue reading Collapse Claim Fails Due To Defectively Designed Roof and Deck
Colorado Legislature Considers Pair of Bills Which May Impact Colorado Construction Defect Claims – What Homebuilders Need to Know
Blake Jackson and Amanda McKinlay | Snell & Wilmer The Colorado General Assembly is considering a pair of bills which would modify the liability and exposure of homebuilders in Colorado. HB24-1230: Protections for Real Property Owners, introduced in the House of Representatives, aims to further protect homeowners by expanding the statute of repose under which a… Continue reading Colorado Legislature Considers Pair of Bills Which May Impact Colorado Construction Defect Claims – What Homebuilders Need to Know