Gordon F. Bell – October 31, 2012 Introduction As we have discussed in previous alerts in this series, many claims can arise under international construction contracts. Of course, not all those claims end up in a formal dispute. In the last alert we described various methods for resolving disputes without the need for formal proceedings;… Continue reading Resolving International Construction Disputes – Litigation Or Arbitration?
Category: Construction Defects
Arbitration of Construction Defect Claims against Developer and General Contractor
Polsinelli Shughart PC – October 16, 2012 Denver District Court orders arbitration of construction defect claims in Glass House Residential Association v. Alta Riverfront LLC et al, no. 2012CV1531. The Glass House ruling provides direction for developers and general contractors to choose a preferred method of dispute resolution for construction defect claims. The Denver District… Continue reading Arbitration of Construction Defect Claims against Developer and General Contractor
Ohio Supreme Court Rules That Claims Of Defective Workmanship Against A Builder Do Not Constitute An Occurrence Under A CGL Policy
Jacob C. Cohn, Joseph A. Arnold and Scott B. Galla – October 23, 2012 On October 12, 2012, the Ohio Supreme resolved a long simmering conflict among Ohio’s intermediate appellate courts by answering the following certified question: Are claims of defective construction/ workmanship brought by a property owner claims for “property damage” caused by an… Continue reading Ohio Supreme Court Rules That Claims Of Defective Workmanship Against A Builder Do Not Constitute An Occurrence Under A CGL Policy
Washington State Construction Defect Cures–No Rights Without Notice
George Ahrend and Matt Albrecht – October 26, 2012 In a word, no. In Washington, contractors generally have no right to cure construction defects before they can be sued. BUT, and this is a big but, the contractor has a right to insist on this if they follow specific statutory notice requirements. For homeowners and… Continue reading Washington State Construction Defect Cures–No Rights Without Notice
Claim for Damages for Defective Work
John A. Stewart – October 1, 2012 Dr. John and Christine Taylor contracted with Randy Rivera to prepare plans for the construction of a new home in Crowley, Louisiana. Leger Construction, LLC was the general contractor. Post-Tension Slabs, Inc. built the foundation. Roy Carubba, an engineer, contracted with Post-Tension to design the foundation. Defects were… Continue reading Claim for Damages for Defective Work