Steven M. Cvitanovic and Whitney L. Stefko – Haight Brown Bonesteel – August 14, 2014 On July 3, 2014, the California Supreme Court (the “Court”) came out with its decision in Beacon Residential Community Association v. Skidmore, Owings & Merrill, et al. The Beacon decision settled a long-standing dispute in California about whether design professionals… Continue reading What The Recent Beacon Decision Means For Developers And General Contractors
Category: Construction Law
California Law Restricting Non-licensed Contractors’ Right to Recover for Unpaid Services does not Apply to Miller Act Claims
Carly Miller – Bradley Arant Boult Cummings LLP – August 1, 2014 In a recent decision, the federal appellate court encompassing nine western states and two Pacific island jurisdictions held that a California law restricting the right of non-licensed contractors to recover for unpaid services did not apply to actions brought under the Miller Act,… Continue reading California Law Restricting Non-licensed Contractors’ Right to Recover for Unpaid Services does not Apply to Miller Act Claims
Alabama Joins Recent Trend Of States Finding Defective Work May Be Covered Under A Commercial General Liability Policy
Heather Howell Wright – August 11, 2014 The Supreme Court of Alabama recently held in Owners Ins. Co. v. Jim Carr Homebuilder, LLC that a contractor’s commercial general liability (“CGL”) policy provided coverage for property damage caused by the defective work of subcontractors. The Jim Carr Court decided that although faulty workmanship by itself may… Continue reading Alabama Joins Recent Trend Of States Finding Defective Work May Be Covered Under A Commercial General Liability Policy
Right to Recovery for Construction Defects in Foreclosed Home – Does it Matter Who Owns the Home?
Kimberly A. Blake – July 28, 2014 The recent flurry of foreclosures in California results in the ownership of a foreclosed home being forcibly transferred to new owners, often the bank lenders. Sometimes these foreclosed homes also are in the middle of lengthy construction defect litigation. When a home is foreclosed upon in the middle… Continue reading Right to Recovery for Construction Defects in Foreclosed Home – Does it Matter Who Owns the Home?
Florida’s Fourth DCA in Donovan v. Florida Peninsula: 2011 Statute of Limitations for Homeowners’ Insurance Claims is Not Retroactive
Todd Legal, PA – July 10, 2014 In Donovan v. Florida Peninsula, Florida’s Fourth DCA recently issued a short but informative decision clarifying the statute of limitations for Florida homeowners insurance claims. Donovan’s case involved a 2005 insurance claim for hurricane damage. The question was whether the 2011 version of Fla. Stat. 95.11(2)(e) applied to… Continue reading Florida’s Fourth DCA in Donovan v. Florida Peninsula: 2011 Statute of Limitations for Homeowners’ Insurance Claims is Not Retroactive