Jodie Clark McDougal – August 26, 2013 In thinking about the article I would write for the September issue of Blueprint, my thoughts quickly turned to September’s Tour of Remodeled Homes and all of the great remodelers in the HBA. One construction law topic that I often speak about to remodelers is the benefits of having a well-written… Continue reading Trading in the Handshake for a Well-Written Contract
Category: Construction Law
The Delayed Discovery Rule in California and the Statute of Limitations
Kenneth Kan – August 14, 2013 Most if not all homeowner policies contain a provision entitled “Suit Against Us” which sets forth the time limitation to file a lawsuit against the insurer under the policy. In California, insurance companies can contractually require that the lawsuit be commenced within one year after the date or “inception… Continue reading The Delayed Discovery Rule in California and the Statute of Limitations
FBI Calls 2001 HOA Scheme Springboard for Larger, More Recent Operation GrandMaster
Jeff German – August 1, 2013 It had the makings of a lucrative construction defect scheme. A California law firm, an architect and a construction company were conspiring to pack the homeowners association board at the Starfire condominium complex in southwest Las Vegas with straw buyers to win contracts to pursue construction defect litigation and… Continue reading FBI Calls 2001 HOA Scheme Springboard for Larger, More Recent Operation GrandMaster
Word of the Day: Litigious . . . As in U.S. Not Most Litigious When it Comes to Construction Disputes
li·ti·gious adjective of or pertaining to litigation. excessively or readily inclined to litigate: a litigious person. inclined to dispute or disagree; argumentative Related forms li·ti·gious·ness noun The U.S., to many, is the poster child for litigiousness. Think woman sues fast food restaurant for serving hot coffee, think man sues beer company when beautiful women did… Continue reading Word of the Day: Litigious . . . As in U.S. Not Most Litigious When it Comes to Construction Disputes
Georgia Supreme Court Rules Construction Defects Satisfy CGL Policy’s ‘Occurrence’ Requirement
John Hinton, Linda Klein, Fielder Martin and Ben Shapiro – July 22, 2013 Homeowners sued their homebuilder alleging that the concrete foundations of their homes were improperly constructed. As a result, it was alleged that the foundations were failing, and the defects in the foundations had caused “tangible physical damage” to the homes built atop them. The… Continue reading Georgia Supreme Court Rules Construction Defects Satisfy CGL Policy’s ‘Occurrence’ Requirement