Mekdes Abate and Angela A. Hill | Summit Law Group Oregon has joined neighboring states in revisiting condominium construction-defect laws. Enacted in 2025, HB 3746 shortens the period for certain construction-defect claims while establishing new inspection and procedural requirements for homeowners associations and condominium associations. The legislation seeks to reduce long-term construction-defect litigation risk for developers while… Continue reading Construction Defect Reform Comes to Oregon: What Developers and HOAs Need to Know
Category: Construction Defects
Top 5 Causes Leading to Construction Defect Litigation
Paul S. Grossman | Scarinci Hollenbeck The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction… Continue reading Top 5 Causes Leading to Construction Defect Litigation
Constructing Better Outcomes: The Case for ADR Clauses in Construction Contracts
Adam Schnatz and joshua Wilk | Clark Hill Construction projects involve significant financial commitments, complex contractual relationships, extensive project schedules and scopes, creating a breeding ground ripe for disputes. Owners, contractors, subcontractors, architects, and engineers routinely face disagreements involving payment, delays, design issues, change orders, defective work, scheduling impacts, and differing interpretations of contract documents.… Continue reading Constructing Better Outcomes: The Case for ADR Clauses in Construction Contracts
Wisconsin Supreme Court Reaffirms “Ensuing Loss” Doctrine in Defective Construction and Rainwater Claims
Advise & Consult, Inc. Synopsis In a highly anticipated decision, the Wisconsin Supreme Court in Cincinnati Insurance Company v. Ropicky addressed the critical intersection of construction defect exclusions, ensuing loss provisions, and concurrent causation. The ruling serves as a vital precedent for policyholders, clarifying that subsequent water intrusion damage resulting from an excluded design or… Continue reading Wisconsin Supreme Court Reaffirms “Ensuing Loss” Doctrine in Defective Construction and Rainwater Claims
NJ Court Rejects Coverage-Minimizing Application of Non-Cumulation Clauses in Construction Defect Cases
Alexandra DiFusco, Frederic J. Giordano and Patrick J. Perrone | K&L Gates A recent New Jersey trial court decision confirmed expansive coverage for commercial general liability policyholders entrenched in construction defect litigation involving continuous and progressive property damage. New Jersey applies the “continuous trigger” method to insurance coverage claims involving progressive and indivisible injuries, as… Continue reading NJ Court Rejects Coverage-Minimizing Application of Non-Cumulation Clauses in Construction Defect Cases