Construction defect laws intended to protect consumers have morphed into a trial lawyer’s dream and a nightmare for Nevada’s building trades, putting many out of business and sending the cost of insurance skyrocketing, representatives of the homebuilding and construction industry said Friday. But in testimony before the Senate Judiciary Committee, homeowners recalled their own nightmares… Continue reading Bills Target Nevada’s Construction Defect Law
Category: Construction Defects
Who is Liable for Faulty Florida Construction, Insurer or Contractor?
March 16, 2013 As most Florida homeowners can attest to, natural disasters can be extremely unpredictable in the Sunshine State. Whether dealing with torrential rains and hurricanes, or even sinkholes, Florida homeowners can literally encounter Mother Nature’s wrath from almost every angle – from both above and below. Unfortunately, the aftermath of such horrific events… Continue reading Who is Liable for Faulty Florida Construction, Insurer or Contractor?
Federal Court Predicts Coverage In Utah for Damage Caused By Faulty Workmanship
Tred R. Eyerly – April 3, 2013 The federal district court predicted that the Utah Supreme Court would find that damage to property other than the insured’s work product is unexpected and arises from an occurrence. Cincinnati Ins. Co. v. AMSCO Windows, 2013 U.S. Dist. LEXIS 15999 (D. Utah Feb. 5, 2013). The insured, AMSCO Windows,… Continue reading Federal Court Predicts Coverage In Utah for Damage Caused By Faulty Workmanship
Colorado Law on Construction Defects, Part I: Statute of Limitations and Statute of Repose
J. David Arkell and Benjamin M. Petre – March 29, 2013 Colorado’s Construction Defect Action Reform Act (CDARA) includes two key statutes that help avoid stale claims and bring certainty to the construction industry and related industries (e.g., the insurance industry): The statute of limitations operates to bar claims when a period of time has… Continue reading Colorado Law on Construction Defects, Part I: Statute of Limitations and Statute of Repose
Errors in Design of Building Exterior not Related
March 26, 2013 The United States District Court for the Southern District of New York, applying New York law, held that the term “related” in a professional liability insurance policy was unambiguous and held that the insured’s alleged wrongful acts were “related” if there was a factual tie or linkage between the wrongful acts. Dormitory… Continue reading Errors in Design of Building Exterior not Related