David Furtado – December 6, 2013 A comment to my earlier post, The Importance of Examinations Under Oath, asked me to differentiate between a deposition and an examination under oath. A deposition is a discovery tool used during litigation to take the sworn testimony of a witness. In Colorado, depositions are governed by Colorado Rule… Continue reading Depositions versus Examinations Under Oath
Category: Construction Law
Under Construction – December 2013
Lawmaker Eyes Nevada Construction Defect Laws
State Sen. Mike Schneider, D-Las Vegas, said he plans to seek changes to construction defect laws because of problems underscored by an ongoing federal probe. Schneider contends flawed laws and a lack of oversight led to the investigation into an alleged conspiracy involving Las Vegas homeowners association board members and a select group of construction… Continue reading Lawmaker Eyes Nevada Construction Defect Laws
Arizona Supreme Court Limits Economic Loss Rule Application
Tony Lehman – November 5, 2013 In Sullivan v. Pulte Home Corp., 306 P. 3d 1 (Ariz. 2013), the Arizona Supreme Court considered whether the economic loss rule should apply to a claim for negligent construction raised by the second purchaser of a house. The Sullivans purchased their home from the original purchaser three years after the house… Continue reading Arizona Supreme Court Limits Economic Loss Rule Application
Patent vs. Latent Defects in California Construction Defect Litigation
Pieter M. O’Leary – November 1, 2013 Determining whether a construction defect is patent or latent plays a significant factor in determining if a claim may be barred by a statute of limitations. 1. Patent vs. Latent Defect Patent and latent defect issues arise in construction defect litigation. A latent defect is a construction… Continue reading Patent vs. Latent Defects in California Construction Defect Litigation