The Record-Courier – February 18, 2013 A report released last week shows that construction defect claims per new home in Nevada is 38 times higher than the national average. There are 1.35 construction defect claims per closing, according to the study conducted by the University of Nevada, Las Vegas. Out of all the other states,… Continue reading Bill Introduced to Alter State’s Construction Defect Law
Category: Construction Defects
Construction Defect Litigation: The Defenses
Wally Zimolong – February 4, 2013 Last week, I gave an overview of the claims typically raised in a construction defect case. This week we look at the defenses that a defendant in a construction defect case can raise. Typically, there are three categories of defenses a defendant in a construction defect case may be… Continue reading Construction Defect Litigation: The Defenses
Construction Defect Litigation: The Claims
Wally Zimolong – January 28, 2013 An unfortunate side-effect from the mid-2000’s construction boom is claims regarding faulty workmanship and defective construction. Because defective construction work is often latent, it may take years before the damage the defect is causing becomes apparent. Therefore, defects for homes built several years ago are just becoming apparently and… Continue reading Construction Defect Litigation: The Claims
How to Guarantee the HOA can’t Litigate Condo Construction Defect Claims
Jared E. Berg and John W. Mill – January 28, 2013 Developers and general contractors would like to avoid litigating construction defect claims brought by condominium homeowner associations. There is a way to do this. It is common practice for real estate attorneys, when drafting declarations for common interest communities, to include arbitration clauses in… Continue reading How to Guarantee the HOA can’t Litigate Condo Construction Defect Claims
Ohio Supreme Court – Claims for Property Damage to Insured’s Own Work Caused by Defective Workmanship not Covered under CGL Insurance Policies
Clifford Shapiro and Brad Stoll – December 19, 2012 The Ohio Supreme Court has held that commercial general liability (CGL) insurance policies do not cover claims for the repair or replacement of faulty or defective workmanship, but that resulting property damage can trigger coverage as an “occurrence.” Westfield Ins. Co. v. Custom Agri. Sys., Inc.,… Continue reading Ohio Supreme Court – Claims for Property Damage to Insured’s Own Work Caused by Defective Workmanship not Covered under CGL Insurance Policies