Jonathan M. Allen – September 14, 2012 In Colorado construction defect cases, defendants often designate non-parties at fault under a Colorado statute that allows for the fact-finder to apportion fault between parties and non-parties. See C.R.S. § 13-21-111.5(3). Issues frequently arise involving whether builders owe non-delegable duties of care, thus rendering designation of non-parties at… Continue reading Designation of Non-Parties at Fault in Construction Defect Cases is not as Straightforward as it First Seems
Category: Construction Defects
Is Noticing a Crack Really “Notice”?
Katherine L. Heckert – September 20, 2012 Imagine a homeowner repairs a small crack in the wall, only to find more minor cracks months later, gradually increasing in size, eventually revealing the truth: a significant foundation problem. In the ensuing construction defect litigation, the court must determine if the first crack put the homeowner on… Continue reading Is Noticing a Crack Really “Notice”?
California Supreme Court Enforces Arbitration Provision in Construction Defect Case
Timothy J. Toohey – September 14, 2012 In our December 2011 Under Construction newsletter, we reported on the tendency of certain California courts to decline to enforce arbitration provisions in construction defect cases. See Arbitration in California Construction Defect Cases After AT&T Mobility v. Concepcion. As we noted, California courts have continued after the U.S.… Continue reading California Supreme Court Enforces Arbitration Provision in Construction Defect Case
Another Tool in the Fight in Construction Defects
Advise & Consult, Inc. – October 4, 2012 It has become pretty common to see advertising on TV and radio for CarFax, a tool that would be used car buyers can use to find out what, if anything, has happened to that particular car prior to them purchasing that car. They can find out if… Continue reading Another Tool in the Fight in Construction Defects
Texas High Court Hands Victory to Austin Architect in Liability Case
Barry Harrell – August 31, 2012 The Texas Supreme Court on Friday handed a legal victory to Austin architect Sinclair Black as the high court declined to hear the appeal of a McKinney woman who was partially paralyzed in a 2004 balcony collapse that she had alleged was partly Black’s fault. By declining to hear… Continue reading Texas High Court Hands Victory to Austin Architect in Liability Case