Bob Burton | Winstead A recent article in the Wall Street Journal (“Home Builders Are Getting Buried in Claims of Shoddy Construction”) highlighted the growing wave of construction defect litigation facing homebuilders and developers across the country. Rising insurance costs, increasingly aggressive litigation strategies, larger jury verdicts and the continued aggregation of claims are placing significant pressure… Continue reading Designing Planned Community Documents to Reduce Defect Litigation Exposure
Category: Construction Defects
Balancing the Right to Repair With Evidence Preservation in Construction Defect Litigation
Anna Spicer | Construction Executive Neither owner nor tenant desires construction related litigation, but should it arise, here are some tips for preserving evidence and moving forward. Every major construction project comes with risk, whether it’s a warehouse build, a multifamily development or a major renovation. Parties tend to be aligned when things are proceeding as planned. But when… Continue reading Balancing the Right to Repair With Evidence Preservation in Construction Defect Litigation
Managing Construction Risk in the Era of the Mega-Project
Risk & Insurance From data centers to LNG plants, today’s mega construction projects require sophisticated approaches to risk mitigation and transfer that bring together underwriting expertise and claims insight from the earliest stages. The scale of construction projects across North America has reached unprecedented levels. Data centers that once felt massive at $1.5 to $2… Continue reading Managing Construction Risk in the Era of the Mega-Project
Mitigation of Damages in Construction Defect Claims: Applying Florida’s Avoidable Consequences Doctrine
Caroline Claire Turtle | Wilson Elser BackgroundA roofer for a sixty-five-townhome community is notified that the homeowners association of the townhome community has filed a claim alleging construction defects and resulting property damage related to the roofer’s scope of work. In the period between completion of the roofing work and the commencement of litigation, evidence… Continue reading Mitigation of Damages in Construction Defect Claims: Applying Florida’s Avoidable Consequences Doctrine
Shot Clock Violation: Judge Tosses Untimely Construction Defect Claims
John Mark Goodman | BuildSmart In basketball there is a shot clock. Once a team has the ball, it must shoot within 30 seconds. We’re obviously talking about college basketball since its March, but the NBA has a similar 24-second shot clock. Failure to shoot within the required time automatically gives the ball back to the other… Continue reading Shot Clock Violation: Judge Tosses Untimely Construction Defect Claims